§ 19:9-1.24 Lane usage; Interchanges 11 to 14
(a) The left travel lanes of the New Jersey Turnpike‘s outer roadways from Interchange 11 in the Township of Woodbridge to Interchange 14 in the City of Newark are designated as special reserved lanes for high occupancy vehicles (“HOVs”) during certain weekday hours specified below. Such lanes may only be used by vans or cars with a minimum of three persons or more, inclusive of the driver, or by buses or motorcycles regardless of occupancy, during time periods set forth in (a)1 and 2 below. During all other hours, the lanes will be open to all vehicular traffic, with the exception of commercial vehicles as that term is defined in N.J.A.C. 19:9-1.1.
1. Northbound—from 6:00 A.M. to 9:00 A.M., Monday through Friday, from Interchange 11 to Interchange 14.
2. Southbound—from 4:00 P.M. to 7:00 P.M., Monday through Friday, from Interchange 14 to Interchange 11.
(b) Excepted from the provisions of this section are State Police vehicles, the Authority‘s maintenance and official vehicles and vehicles authorized to furnish towing and other services to disabled vehicles on the Turnpike, when they are properly in use in the performance of authorized Authority duties. Also exempt are all other vehicles discharging emergency functions, such as ambulances and fire engines.
(c) The Authority retains discretion to modify or suspend the occupancy requirement and/or hours of operation and permit the closure of the HOV lanes to allow operation as general purpose traffic lanes in emergency circumstances based upon the impact on patron safety, convenience and the orderly flow of traffic.
(d) Enforcement of this section shall be governed by the traffic control provisions set forth in N.J.S.A. 27:23-28 and N.J.A.C. 19:9-1.3.
HISTORY
HISTORY:
New Rule, R.1996 d.508, effective November 4, 1996.
See: 28 New Jersey Register 2520(a), 28 New Jersey Register 3242(b), 28 New Jersey Register 4803(a).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Chapter Notes
Friday, August 28, 2009
§ 19:9-1.22 Filming, photographing or videotaping on Authority property prohibited, except as authorized
§ 19:9-1.22 Filming, photographing or videotaping on Authority property prohibited, except as authorized
(a) To insure the health, safety and welfare of motorists, the general public and the Authority, no person shall be permitted to park, stop, stand or travel at a slow speed in violation of N.J.S.A. 27:23-27, for the purpose of taking photographs, videos or motion pictures (hereinafter collectively “film”) on the Roadway, except as provided in (b) below or except as otherwise authorized pursuant to (c) or (d) below.
(b) Notwithstanding (a) above, persons, with prior written permission from the Executive Director of the Authority, shall be permitted to take film in those portions of the service areas of the Roadway under the Authority‘s control which are not used for the moving, servicing or parking of vehicles, provided the taking of such film does not interfere with or obstruct the movement or flow of vehicles and people lawfully on the Roadway. Such interference or obstruction includes, without limitation, the taking of such film within 100 feet of any ramp or traveled roadway portion of the Roadway. Persons wishing to take film in those portions of the Roadway which are not under the control of the Authority, such as the buildings in the service areas which are under lease, shall contact the appropriate party for approval.
(c) The Authority, through its Department of Communications or successor department, Executive Director or designee, may grant a permit to take film on the portions of Authority property not specified in (b) above, provided the person(s) requesting such permit submits the following:
1. A written application to the Authority, at least two weeks prior to the date of the filming, stating the date, time and location of the filming, names and addresses of the applicants, the number of individuals and vehicles to be present at the filming, the purpose of such filming and any other information the Authority may deem necessary in order for it to make a determination that such filming can be conducted without a risk to the safety, traffic security or movement of the Roadway;
2. Certificates of liability insurance (indicating the New Jersey Turnpike Authority as an insured under the policy) in an amount deemed by the Authority to be acceptable given the nature and scope of the filming;
3. A copy of the motor vehicle insurance policy for each vehicle to be used in the filming; and
4. An indemnification and hold harmless agreement signed by all persons responsible for the filming, in a form provided by or acceptable to the Authority.
(d) The permittee shall comply with any Authority restrictions on the time, place and manner of the filming imposed as a condition of the grant of a permit in order to ensure the safety, traffic security or movement of the Roadway.
(e) The Authority shall grant such permit in accordance with (c) and (d) above, unless the Authority determines that the time, location or nature of such filming would create a risk to the safety, traffic security or movement of the Roadway and that such risk cannot be adequately controlled.
(f) In the event that a bona fide representative of the news media requires immediate permission to film an emergency situation on a portion of the Roadway not specified in (b) above, the Authority may grant a permit to film over the telephone to the news media representative, provided:
1. The applicant has previously obtained a valid press pass from the Authority;
2. The Authority has determined that such filming would not create an unreasonable risk to the safety, traffic security or movement of the Roadway; and
3. The applicant agrees to abide by certain time, place and manner restrictions on the filming which may be imposed by the Authority or the State Police to ensure the safety, traffic security or movement of the Roadway.
HISTORY
(a) To insure the health, safety and welfare of motorists, the general public and the Authority, no person shall be permitted to park, stop, stand or travel at a slow speed in violation of N.J.S.A. 27:23-27, for the purpose of taking photographs, videos or motion pictures (hereinafter collectively “film”) on the Roadway, except as provided in (b) below or except as otherwise authorized pursuant to (c) or (d) below.
(b) Notwithstanding (a) above, persons, with prior written permission from the Executive Director of the Authority, shall be permitted to take film in those portions of the service areas of the Roadway under the Authority‘s control which are not used for the moving, servicing or parking of vehicles, provided the taking of such film does not interfere with or obstruct the movement or flow of vehicles and people lawfully on the Roadway. Such interference or obstruction includes, without limitation, the taking of such film within 100 feet of any ramp or traveled roadway portion of the Roadway. Persons wishing to take film in those portions of the Roadway which are not under the control of the Authority, such as the buildings in the service areas which are under lease, shall contact the appropriate party for approval.
(c) The Authority, through its Department of Communications or successor department, Executive Director or designee, may grant a permit to take film on the portions of Authority property not specified in (b) above, provided the person(s) requesting such permit submits the following:
1. A written application to the Authority, at least two weeks prior to the date of the filming, stating the date, time and location of the filming, names and addresses of the applicants, the number of individuals and vehicles to be present at the filming, the purpose of such filming and any other information the Authority may deem necessary in order for it to make a determination that such filming can be conducted without a risk to the safety, traffic security or movement of the Roadway;
2. Certificates of liability insurance (indicating the New Jersey Turnpike Authority as an insured under the policy) in an amount deemed by the Authority to be acceptable given the nature and scope of the filming;
3. A copy of the motor vehicle insurance policy for each vehicle to be used in the filming; and
4. An indemnification and hold harmless agreement signed by all persons responsible for the filming, in a form provided by or acceptable to the Authority.
(d) The permittee shall comply with any Authority restrictions on the time, place and manner of the filming imposed as a condition of the grant of a permit in order to ensure the safety, traffic security or movement of the Roadway.
(e) The Authority shall grant such permit in accordance with (c) and (d) above, unless the Authority determines that the time, location or nature of such filming would create a risk to the safety, traffic security or movement of the Roadway and that such risk cannot be adequately controlled.
(f) In the event that a bona fide representative of the news media requires immediate permission to film an emergency situation on a portion of the Roadway not specified in (b) above, the Authority may grant a permit to film over the telephone to the news media representative, provided:
1. The applicant has previously obtained a valid press pass from the Authority;
2. The Authority has determined that such filming would not create an unreasonable risk to the safety, traffic security or movement of the Roadway; and
3. The applicant agrees to abide by certain time, place and manner restrictions on the filming which may be imposed by the Authority or the State Police to ensure the safety, traffic security or movement of the Roadway.
HISTORY
§ 19:9-1.21 Other regulation
§ 19:9-1.21 Other regulations
In addition to these traffic rules, users of the Roadway are subject to all applicable statutory provisions, including, but not limited to, penalties for nonpayment of tolls (N.J.S.A. 27:23-25), penalties for violation of any of the Authority‘s regulations (N.J.S.A. 27:23-32), United States Department of Transportation regulations, and, except as otherwise provided hereinabove, the Motor Vehicle and Traffic Acts of New Jersey relating to lights, brakes, weights, registration and other matters (N.J.S.A. 39:3-1 et seq. and 39:4-1 et seq.). Commercial vehicles in interstate commerce using the Roadway remain subject to Interstate Commerce Commission regulations.
In addition to these traffic rules, users of the Roadway are subject to all applicable statutory provisions, including, but not limited to, penalties for nonpayment of tolls (N.J.S.A. 27:23-25), penalties for violation of any of the Authority‘s regulations (N.J.S.A. 27:23-32), United States Department of Transportation regulations, and, except as otherwise provided hereinabove, the Motor Vehicle and Traffic Acts of New Jersey relating to lights, brakes, weights, registration and other matters (N.J.S.A. 39:3-1 et seq. and 39:4-1 et seq.). Commercial vehicles in interstate commerce using the Roadway remain subject to Interstate Commerce Commission regulations.
§ 19:9-1.20 Records
§ 19:9-1.20 Records
(a) Any operator of a commercial motor vehicle, omnibus, or tractor in interstate commerce upon the Roadway shall keep records showing the day and hour when, and the place where, the operator went on and off duty. The operator‘s records must reflect the current duty status of the operator upon entering the Roadway.
(b) Records showing the day and hour when, and the place where, the operator went on duty and was not released from duty are not needed, provided:
1. The operator does not operate beyond a 100 air-mile radius of the normal work reporting location;
2. The operator, except a driver salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
3. At least eight consecutive hours off duty separate each 12 hours on duty;
4. The operator does not exceed 10 hours maximum driving time following eight consecutive hours off duty; and
5. The motor carrier which employs the operator maintains and retains for a period of six months accurate and true time records showing:
i. The total number of hours the operator is on duty each day;
ii. The time the operator reports for duty each day;
iii. The time the operator is released from duty each day; and
iv. The total on-duty time for the preceding seven days for operators used for the first time or intermittently.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1983 d.555, effective December 5, 1983.
See: 15 New Jersey Register 1638(b), 15 New Jersey Register 2046(c).
Added (b).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1998 d.520, effective November 2, 1998.
See: 30 New Jersey Register 2368(a), 30 New Jersey Register 3971(a).
Rewrote the section.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Chapter Notes
(a) Any operator of a commercial motor vehicle, omnibus, or tractor in interstate commerce upon the Roadway shall keep records showing the day and hour when, and the place where, the operator went on and off duty. The operator‘s records must reflect the current duty status of the operator upon entering the Roadway.
(b) Records showing the day and hour when, and the place where, the operator went on duty and was not released from duty are not needed, provided:
1. The operator does not operate beyond a 100 air-mile radius of the normal work reporting location;
2. The operator, except a driver salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
3. At least eight consecutive hours off duty separate each 12 hours on duty;
4. The operator does not exceed 10 hours maximum driving time following eight consecutive hours off duty; and
5. The motor carrier which employs the operator maintains and retains for a period of six months accurate and true time records showing:
i. The total number of hours the operator is on duty each day;
ii. The time the operator reports for duty each day;
iii. The time the operator is released from duty each day; and
iv. The total on-duty time for the preceding seven days for operators used for the first time or intermittently.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1983 d.555, effective December 5, 1983.
See: 15 New Jersey Register 1638(b), 15 New Jersey Register 2046(c).
Added (b).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1998 d.520, effective November 2, 1998.
See: 30 New Jersey Register 2368(a), 30 New Jersey Register 3971(a).
Rewrote the section.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Chapter Notes
§ 19:9-1.19 Tolls; payment required
§ 19:9-1.19 Tolls; payment required
(a) Except as provided by N.J.S.A. 27:23-40, no vehicle shall be operated on the Roadway except upon the payment of such tolls as are required by the Authority.
(b) Tolls shall be paid by currency, coin, credit card (for commercial account holders), or by means of an electronic toll collection system.
(c) It is hereby declared to be unlawful for any person to place or insert any plastic, paper, cloth, wadding or other article, object, material, substance, instrument or contrivance within the coin-receipt chute or in any other part of an automatic toll collection machine on the Roadway, in such a manner as to prevent, interfere with or obstruct the receipt of coins deposited therein by the patrons of the Roadway, or in such manner as to cause such coins to be uncollected or unlawfully returned, or, by any such other means or device whatsoever, to prevent or contrive to prevent the receipt of coins by such automatic toll collection machine, or to place or insert in any part of such machine any article, substance, contrivance or device in such manner as to obstruct, alter, injure or interfere with the action or operation of such machine, or, by any device or contrivance, or in any manner whatsoever, to obstruct, alter, injure or interfere with the action or operation of such machine.
(d) It is hereby declared to be unlawful for any person to operate, or owner to permit to be operated, a vehicle in an “Exact Change” toll lane of the Roadway unless the person has the required change to pay the applicable toll in accordance with the current toll schedule.
(e) Any person who operates, and any owner who permits to be operated, a vehicle in the “Exact Change” toll lane of the Roadway and does not have the required change to pay the applicable toll in accordance with the current toll schedule must stop at the toll booth, remain in the vehicle, blow horn and wait until assisted by a toll, traffic or police officer before proceeding unless directed otherwise by an official traffic control device.
(f) Any person who operates, or owner who permits to be operated, a vehicle in an “Exact Change” toll lane of the Roadway at an entrance or exit ramp when no toll collector is on duty and not having the required change to pay the applicable toll in accordance with the current toll schedule shall pay said toll by mailing in a Payment Return Envelope to the New Jersey Turnpike Authority, PO Box 5042, Woodbridge, New Jersey 07095, or in person to a toll collector at any other location on the Roadway.
HISTORY
HISTORY:
New Rule, R.1977 d.63, effective March 1, 1977.
See: 9 N.J.R. 56(a), 9 N.J.R. 203(a).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 N.J.R. 2839(b), 25 N.J.R. 4605(a).
Amended by R.1999 d.65, effective March 1, 1999.
See: 30 N.J.R. 4335(a), 31 N.J.R. 670(a).
Rewrote the section.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 N.J.R. 4415(a), 37 N.J.R. 90(a).
Rewrote the section.
Amended by R.2008 d.336, effective November 3, 2008.
See: 40 N.J.R. 4498(a), 40 N.J.R. 6478(a).
In (b), deleted “authorized Authority tokens (applicable to Parkway only)," following “coin,"; in (d), (e) and (f), deleted “or authorized Authority token” following “required change”; in (f), inserted the first occurrence of “Turnpike”, deleted “Garden State Parkway Division," preceding “PO Box”, substituted “5042” for “53” and deleted "(with respect to the Parkway); or to the New Jersey Authority, Administration Building, Turnpike Interchange 9 at Route 18 North, East Brunswick, New Jersey 08816 (with respect to the Turnpike)" following “07095”.
(a) Except as provided by N.J.S.A. 27:23-40, no vehicle shall be operated on the Roadway except upon the payment of such tolls as are required by the Authority.
(b) Tolls shall be paid by currency, coin, credit card (for commercial account holders), or by means of an electronic toll collection system.
(c) It is hereby declared to be unlawful for any person to place or insert any plastic, paper, cloth, wadding or other article, object, material, substance, instrument or contrivance within the coin-receipt chute or in any other part of an automatic toll collection machine on the Roadway, in such a manner as to prevent, interfere with or obstruct the receipt of coins deposited therein by the patrons of the Roadway, or in such manner as to cause such coins to be uncollected or unlawfully returned, or, by any such other means or device whatsoever, to prevent or contrive to prevent the receipt of coins by such automatic toll collection machine, or to place or insert in any part of such machine any article, substance, contrivance or device in such manner as to obstruct, alter, injure or interfere with the action or operation of such machine, or, by any device or contrivance, or in any manner whatsoever, to obstruct, alter, injure or interfere with the action or operation of such machine.
(d) It is hereby declared to be unlawful for any person to operate, or owner to permit to be operated, a vehicle in an “Exact Change” toll lane of the Roadway unless the person has the required change to pay the applicable toll in accordance with the current toll schedule.
(e) Any person who operates, and any owner who permits to be operated, a vehicle in the “Exact Change” toll lane of the Roadway and does not have the required change to pay the applicable toll in accordance with the current toll schedule must stop at the toll booth, remain in the vehicle, blow horn and wait until assisted by a toll, traffic or police officer before proceeding unless directed otherwise by an official traffic control device.
(f) Any person who operates, or owner who permits to be operated, a vehicle in an “Exact Change” toll lane of the Roadway at an entrance or exit ramp when no toll collector is on duty and not having the required change to pay the applicable toll in accordance with the current toll schedule shall pay said toll by mailing in a Payment Return Envelope to the New Jersey Turnpike Authority, PO Box 5042, Woodbridge, New Jersey 07095, or in person to a toll collector at any other location on the Roadway.
HISTORY
HISTORY:
New Rule, R.1977 d.63, effective March 1, 1977.
See: 9 N.J.R. 56(a), 9 N.J.R. 203(a).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 N.J.R. 2839(b), 25 N.J.R. 4605(a).
Amended by R.1999 d.65, effective March 1, 1999.
See: 30 N.J.R. 4335(a), 31 N.J.R. 670(a).
Rewrote the section.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 N.J.R. 4415(a), 37 N.J.R. 90(a).
Rewrote the section.
Amended by R.2008 d.336, effective November 3, 2008.
See: 40 N.J.R. 4498(a), 40 N.J.R. 6478(a).
In (b), deleted “authorized Authority tokens (applicable to Parkway only)," following “coin,"; in (d), (e) and (f), deleted “or authorized Authority token” following “required change”; in (f), inserted the first occurrence of “Turnpike”, deleted “Garden State Parkway Division," preceding “PO Box”, substituted “5042” for “53” and deleted "(with respect to the Parkway); or to the New Jersey Authority, Administration Building, Turnpike Interchange 9 at Route 18 North, East Brunswick, New Jersey 08816 (with respect to the Turnpike)" following “07095”.
§ 19:9-1.18 Noise limits
§ 19:9-1.18 Noise limits
(a) No vehicle shall be operated on the Roadway in violation of 49 C.F.R. 325 or any other noise standards promulgated by the United States or the State of New Jersey and applicable to that class of vehicle.
(b) No vehicle shall be operated on the Roadway whose exhaust system is:
1. Not equipped with an exhaust chamber, resonator or noise dissipative device;
2. Not in constant operation and properly maintained;
3. Equipped with any cutout, bypass or similar device designed to reduce the effectiveness of noise control devices or to increase noise.
(a) No vehicle shall be operated on the Roadway in violation of 49 C.F.R. 325 or any other noise standards promulgated by the United States or the State of New Jersey and applicable to that class of vehicle.
(b) No vehicle shall be operated on the Roadway whose exhaust system is:
1. Not equipped with an exhaust chamber, resonator or noise dissipative device;
2. Not in constant operation and properly maintained;
3. Equipped with any cutout, bypass or similar device designed to reduce the effectiveness of noise control devices or to increase noise.
19:9-1.17 Operation of vehicles on Authority projects; care required
19:9-1.17 Operation of vehicles on Authority projects; care required
No vehicle shall be operated carelessly, without due caution or prudence, or in a manner so as to endanger any person or property, or while the operator is under the influence of intoxicating liquors or any narcotic or habit-forming drug.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1983 d.555, effective December 5, 1983.
See: 15 New Jersey Register 1638(b), 15 New Jersey Register 2046(c).
Deleted old (a) and (b).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
CASE NOTES:
State trooper‘s stop of defendant‘s vehicle was justified by reasonable suspicion that driver was violating New Jersey‘s careless driving statute. U.S. v. Kikumura, C.A.3 (N.J.)1990, 918 F.2d 1084.
Chapter Notes
No vehicle shall be operated carelessly, without due caution or prudence, or in a manner so as to endanger any person or property, or while the operator is under the influence of intoxicating liquors or any narcotic or habit-forming drug.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1983 d.555, effective December 5, 1983.
See: 15 New Jersey Register 1638(b), 15 New Jersey Register 2046(c).
Deleted old (a) and (b).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
CASE NOTES:
State trooper‘s stop of defendant‘s vehicle was justified by reasonable suspicion that driver was violating New Jersey‘s careless driving statute. U.S. v. Kikumura, C.A.3 (N.J.)1990, 918 F.2d 1084.
Chapter Notes
§ 19:9-1.16 Intoxicating beverages
§ 19:9-1.16 Intoxicating beverages
No person shall consume or imbibe any intoxicating beverage from a bottle or container containing liquor, beer, wine or other alcoholic beverage while operating a vehicle on the Roadway
No person shall consume or imbibe any intoxicating beverage from a bottle or container containing liquor, beer, wine or other alcoholic beverage while operating a vehicle on the Roadway
§ 19:9-1.15 Transportation of hazardous materials
§ 19:9-1.15 Transportation of hazardous materials
(a) The transportation or shipment on the Roadway of any hazardous materials, as defined in Part 172 of the regulations of the United States Department of Transportation (49 CFR 172), shall be subject to the requirements of parts 171 to 178 inclusive of such regulations (49 CFR 171 to 178) governing the preparation of the materials for transportation, construction of containers, packing, weighing, marking, labeling, billing and certification of such materials.
(b) The transportation or shipment on the Roadway of radioactive materials or devices, and transportation of Division 1.1, 1.2, 1.3 and 1.4 explosives, as defined in Part 173 of the regulations of the United States Department of Transportation (49 CFR 173), shall be subject to the prior written approval of the Authority. All applications for such approval shall be made in writing addressed to the Director of Operations with respect to the Turnpike or the Director of Traffic Operations with respect to the Parkway and shall provide, to the satisfaction of the Authority, that the shipment shall comply in all respects with the provisions of parts 171 to 178 and 397 inclusive of such regulations (49 CFR 171-178, 397). The fee for processing the application for such approval shall be $ 50.00. All approvals granted shall be subject to annual renewal.
(c) The Authority reserves the right to withhold the approval required in (b) above, and to prohibit entry to the Roadway of any carrier of any hazardous materials, despite compliance with the aforementioned regulations of the United States Department of Transportation or any other pertinent regulations or law, if in the Authority‘s opinion, the transportation or shipment will be likely to endanger life or property.
(d) No person shall transport gasoline or other flammable liquids in containers in private vehicles. Commercial vehicles carrying flammable liquids shall be appropriately labeled.
(e) Any operator, owner or lessee of a vehicle on the Roadway which contains any hazardous material shall be subject to all provisions and penalties hereunder, in addition to any provisions of the United States Code, the New Jersey Statutes and the New Jersey Administrative Code.
(f) In the event of a discharge of hazardous materials on the Roadway, all remedial efforts shall be conducted in compliance with these rules and under the supervision of the Authority, the State Police, and/or the Department of Environmental Protection.
1. Where practicable, not contrary to the rules of the Department of Environmental Protection, and not contrary to the safety of the operator, the general public, or the Roadway, the operator, owner or lessee of the vehicle may be afforded the opportunity to contain and remove discharged material using personnel, materials and equipment provided:
i. Aboard the vehicle from which the discharge occurred;
ii. By another vehicle owned or leased by the operator, owner or lessee of the vehicle from which the discharge occurred;
iii. By a specialized response team operated by the manufacturer or distributor of the hazardous material that has been discharged (hereafter, “manufacturers’ response team”); or
iv. By third parties contracted to contain, clean up, and/or dispose of the discharge (hereafter, “emergency response contractors”) by the operator, owner or lessee of the vehicle specifically for the purpose of remediating hazardous materials discharges from the operator‘s vehicle.
2. No emergency response services may be provided pursuant to (f)1ii through iv above unless all the entities undertaking such services have provided to the Authority proof of adequate insurance and such other information as may be required by the Director of Operations with respect to the Turnpike and the Director of Traffic Operations with respect to the Parkway.
3. The Authority shall make available to any operator, owner or lessee so requesting a list of emergency response contractors that have met the requirements of (f)2 above to perform emergency response services on the Roadway. The operator, owner or lessee shall arrange and pay for emergency response services to be performed by such contractors. Approval of such contractors pursuant to (f)2 above is not to be considered a warranty or assurance by the Authority of such contractors’ ability to perform emergency response services.
4. Whenever the operator, owner or lessee refuses to arrange for an emergency response contractor, or whenever exigent circumstances or the risk posed by the discharge to Authority patrons, the general public, or the Authority‘s agents or employees is too great to await the arrival of the emergency response contractor(s) arranged by the operator, owner or lessee in the opinion of the Director of Operations or the Director‘s designee, the Director or the Director‘s designee may arrange for emergency response services and long-term remedial efforts to be provided by a third party of the Authority‘s choice. Emergency response and long-term remedial services may be performed by or through the Department of Environmental Protection or its agents, including any county environmental health department, or by private organizations engaged by the Authority. The cost of services pursuant to this paragraph shall be based on the most recent agreement between the Authority and the third party, or if there is no such agreement, shall be based on the schedule of rates normally charged to commercial concerns for emergency response or long-term remedial services, and shall be borne by the operator, owner or lessee of the vehicle.
i. If, at the time the emergency response contractor arrives at the scene of the discharge, the operator, owner or lessee of the vehicle refuses to agree to pay or complete any documents necessary to engage the contractor for such services, the Authority may impound the vehicle and any cargo or contents thereof until such time as the costs of remedial services are satisfied. If such costs are not satisfied within 14 days, the Authority shall have the right to sell the vehicle, its cargo and contents at public auction and/or to recover any unsatisfied costs by filing a civil action in the Superior Court of New Jersey or in any District Court of the United States having jurisdiction over such action.
ii. If the emergency response contractor refuses to contract with the operator, owner or lessee of the vehicle because of a bona fide concern about the operator‘s, owner‘s or lessee‘s ability or willingness to pay for such services, the Director of Operations with respect to the Turnpike and the Director of Traffic Operations with respect to the Parkway or either Director‘s designee may authorize such services to be performed at the Authority‘s expense, and the Authority may thereafter recover the costs thereof from the operator, owner or lessee by filing a civil action in Superior Court of New Jersey or in any District Court of the United States having jurisdiction over such action. The emergency response contractor‘s concern shall be deemed bona fide if the operator‘s, owner‘s or lessee‘s credit record indicates a history of refusal or failure to pay commercial debts.
5. Access to Authority property for the purposes of investigating or remediating contamination caused by the discharge or release of any material will be granted only after compliance with (f)2 above and only after notification to the Chief Engineer of the Authority. Such access will not be unreasonably withheld. All investigatory data, including but not limited to, soil investigations, soil boring logs, ground water monitoring well logs, laboratory analytical data, correspondence with regulatory agencies, and all reports and submissions generated as a result of work on Authority property shall be made available for inspection by the Authority or its agents, and copies of all such information and data shall be produced for the Authority or its agents upon request.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1983 d.263, effective July 5, 1983.
See: 15 New Jersey Register 687(b), 15 New Jersey Register 1105(c).
In (b), added transportation of Class A, B and C explosives.
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.1998 d.492, effective October 5, 1998.
See: 30 New Jersey Register 2835(a), 30 New Jersey Register 3661(a).
In (b), substituted “Manager of Emergency Services” for “Director of Operations” and added a new last sentence.
Amended by R.2003 d.287, effective July 21, 2003.
See: 34 New Jersey Register 2207(a), 35 New Jersey Register 3392(a).
In (b), substituted “Director of Operations” for “Manager of Emergency Services”.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
In (f), added 5.
Chapter Notes
(a) The transportation or shipment on the Roadway of any hazardous materials, as defined in Part 172 of the regulations of the United States Department of Transportation (49 CFR 172), shall be subject to the requirements of parts 171 to 178 inclusive of such regulations (49 CFR 171 to 178) governing the preparation of the materials for transportation, construction of containers, packing, weighing, marking, labeling, billing and certification of such materials.
(b) The transportation or shipment on the Roadway of radioactive materials or devices, and transportation of Division 1.1, 1.2, 1.3 and 1.4 explosives, as defined in Part 173 of the regulations of the United States Department of Transportation (49 CFR 173), shall be subject to the prior written approval of the Authority. All applications for such approval shall be made in writing addressed to the Director of Operations with respect to the Turnpike or the Director of Traffic Operations with respect to the Parkway and shall provide, to the satisfaction of the Authority, that the shipment shall comply in all respects with the provisions of parts 171 to 178 and 397 inclusive of such regulations (49 CFR 171-178, 397). The fee for processing the application for such approval shall be $ 50.00. All approvals granted shall be subject to annual renewal.
(c) The Authority reserves the right to withhold the approval required in (b) above, and to prohibit entry to the Roadway of any carrier of any hazardous materials, despite compliance with the aforementioned regulations of the United States Department of Transportation or any other pertinent regulations or law, if in the Authority‘s opinion, the transportation or shipment will be likely to endanger life or property.
(d) No person shall transport gasoline or other flammable liquids in containers in private vehicles. Commercial vehicles carrying flammable liquids shall be appropriately labeled.
(e) Any operator, owner or lessee of a vehicle on the Roadway which contains any hazardous material shall be subject to all provisions and penalties hereunder, in addition to any provisions of the United States Code, the New Jersey Statutes and the New Jersey Administrative Code.
(f) In the event of a discharge of hazardous materials on the Roadway, all remedial efforts shall be conducted in compliance with these rules and under the supervision of the Authority, the State Police, and/or the Department of Environmental Protection.
1. Where practicable, not contrary to the rules of the Department of Environmental Protection, and not contrary to the safety of the operator, the general public, or the Roadway, the operator, owner or lessee of the vehicle may be afforded the opportunity to contain and remove discharged material using personnel, materials and equipment provided:
i. Aboard the vehicle from which the discharge occurred;
ii. By another vehicle owned or leased by the operator, owner or lessee of the vehicle from which the discharge occurred;
iii. By a specialized response team operated by the manufacturer or distributor of the hazardous material that has been discharged (hereafter, “manufacturers’ response team”); or
iv. By third parties contracted to contain, clean up, and/or dispose of the discharge (hereafter, “emergency response contractors”) by the operator, owner or lessee of the vehicle specifically for the purpose of remediating hazardous materials discharges from the operator‘s vehicle.
2. No emergency response services may be provided pursuant to (f)1ii through iv above unless all the entities undertaking such services have provided to the Authority proof of adequate insurance and such other information as may be required by the Director of Operations with respect to the Turnpike and the Director of Traffic Operations with respect to the Parkway.
3. The Authority shall make available to any operator, owner or lessee so requesting a list of emergency response contractors that have met the requirements of (f)2 above to perform emergency response services on the Roadway. The operator, owner or lessee shall arrange and pay for emergency response services to be performed by such contractors. Approval of such contractors pursuant to (f)2 above is not to be considered a warranty or assurance by the Authority of such contractors’ ability to perform emergency response services.
4. Whenever the operator, owner or lessee refuses to arrange for an emergency response contractor, or whenever exigent circumstances or the risk posed by the discharge to Authority patrons, the general public, or the Authority‘s agents or employees is too great to await the arrival of the emergency response contractor(s) arranged by the operator, owner or lessee in the opinion of the Director of Operations or the Director‘s designee, the Director or the Director‘s designee may arrange for emergency response services and long-term remedial efforts to be provided by a third party of the Authority‘s choice. Emergency response and long-term remedial services may be performed by or through the Department of Environmental Protection or its agents, including any county environmental health department, or by private organizations engaged by the Authority. The cost of services pursuant to this paragraph shall be based on the most recent agreement between the Authority and the third party, or if there is no such agreement, shall be based on the schedule of rates normally charged to commercial concerns for emergency response or long-term remedial services, and shall be borne by the operator, owner or lessee of the vehicle.
i. If, at the time the emergency response contractor arrives at the scene of the discharge, the operator, owner or lessee of the vehicle refuses to agree to pay or complete any documents necessary to engage the contractor for such services, the Authority may impound the vehicle and any cargo or contents thereof until such time as the costs of remedial services are satisfied. If such costs are not satisfied within 14 days, the Authority shall have the right to sell the vehicle, its cargo and contents at public auction and/or to recover any unsatisfied costs by filing a civil action in the Superior Court of New Jersey or in any District Court of the United States having jurisdiction over such action.
ii. If the emergency response contractor refuses to contract with the operator, owner or lessee of the vehicle because of a bona fide concern about the operator‘s, owner‘s or lessee‘s ability or willingness to pay for such services, the Director of Operations with respect to the Turnpike and the Director of Traffic Operations with respect to the Parkway or either Director‘s designee may authorize such services to be performed at the Authority‘s expense, and the Authority may thereafter recover the costs thereof from the operator, owner or lessee by filing a civil action in Superior Court of New Jersey or in any District Court of the United States having jurisdiction over such action. The emergency response contractor‘s concern shall be deemed bona fide if the operator‘s, owner‘s or lessee‘s credit record indicates a history of refusal or failure to pay commercial debts.
5. Access to Authority property for the purposes of investigating or remediating contamination caused by the discharge or release of any material will be granted only after compliance with (f)2 above and only after notification to the Chief Engineer of the Authority. Such access will not be unreasonably withheld. All investigatory data, including but not limited to, soil investigations, soil boring logs, ground water monitoring well logs, laboratory analytical data, correspondence with regulatory agencies, and all reports and submissions generated as a result of work on Authority property shall be made available for inspection by the Authority or its agents, and copies of all such information and data shall be produced for the Authority or its agents upon request.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1983 d.263, effective July 5, 1983.
See: 15 New Jersey Register 687(b), 15 New Jersey Register 1105(c).
In (b), added transportation of Class A, B and C explosives.
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.1998 d.492, effective October 5, 1998.
See: 30 New Jersey Register 2835(a), 30 New Jersey Register 3661(a).
In (b), substituted “Manager of Emergency Services” for “Director of Operations” and added a new last sentence.
Amended by R.2003 d.287, effective July 21, 2003.
See: 34 New Jersey Register 2207(a), 35 New Jersey Register 3392(a).
In (b), substituted “Director of Operations” for “Manager of Emergency Services”.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
In (f), added 5.
Chapter Notes
§ 19:9-1.14 Repairs and towing
§ 19:9-1.14 Repairs and towing
(a) Subject to the provisions of N.J.A.C. 19:9-1.6, Parking, standing or stopping on Roadway prohibited, except in case of emergency, a vehicle that becomes disabled while using the Roadway may be repaired by the occupants thereof, provided that the occupants can complete repairs within a two-hour period from the time of disablement and the disabled vehicle does not create a hazardous condition. A vehicle disabled and unattended by its occupants will be removed immediately by an authorized service provider of the Authority at the expense of the owner.
(b) If other mechanical services or towing is required, such services or towing must be performed by a service agency authorized by the Authority to furnish such service on the Roadway.
(c) If towed, such disabled vehicles must be removed at the nearest exit in the original direction of travel and must pay the appropriate tolls.
(d) A truck or bus company may obtain a private mechanical and towing service permit for the Turnpike and/or the Garden State Parkway, as appropriate, or designate a prearranged service provider, provided such company and/or service provider conforms to the rules and regulations governing such permits. These permits are obtainable from the Office of the Manager of Emergency Services on the Turnpike and the Roadway Services Administrator on the Garden State Parkway. The fee for such permit shall be $ 200.00. Such permits shall be renewable on an annual basis.
(e) A truck or bus company may obtain a permit to perform its own tire service on the Turnpike and/or the Garden State Parkway, as appropriate, or designate a prearranged tire service provider, provided such company and/or service provider conforms to the rules and regulations governing such permits. These permits are obtainable from the Office of the Manager of Emergency Services on the Turnpike and the Roadway Services Administrator on the Garden State Parkway. The fee for such permit shall be $ 200.00. Such permits shall be renewable on an annual basis. Truck or bus companies not holding a private tire service permit may either receive tire service from a service agency authorized by the Authority or be removed by a towing service authorized by the Authority.
(f) Vehicles that become disabled and are determined to be a hazard to themselves and/or other motorists, may be removed from the Roadway immediately at the direction of the State Police or Authority personnel.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 N.J.R. 56(a), 9 N.J.R. 203(a).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 N.J.R. 2839(b), 25 N.J.R. 4605(a).
Amended by R.1998 d.492, effective October 5, 1998.
See: 30 N.J.R. 2835(a), 30 N.J.R. 3661(a).
In (d), added a new last sentence; and in (e), substituted “Manager of Emergency Services” for “Director of Operation” and added a new second sentence.
Special amendment, R.2004 d.269, effective June 15, 2004 (to expire January 9, 2005).
See: 36 N.J.R. 3431(a).
Rewrote (a), (b), (d) and (e).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 N.J.R. 4415(a), 37 N.J.R. 90(a).
Rewrote the section.
Amended by R.2008 d.34, effective February 19, 2008.
See: 39 N.J.R. 4108(a), 40 N.J.R. 890(a).
In (d), inserted “or designate a prearranged service provider," and “and/or service provider”, and substituted "$ 200.00” for "$ 100.00” and “an annual” for “a bi-annual”; and rewrote (e).
Chapter Notes
(a) Subject to the provisions of N.J.A.C. 19:9-1.6, Parking, standing or stopping on Roadway prohibited, except in case of emergency, a vehicle that becomes disabled while using the Roadway may be repaired by the occupants thereof, provided that the occupants can complete repairs within a two-hour period from the time of disablement and the disabled vehicle does not create a hazardous condition. A vehicle disabled and unattended by its occupants will be removed immediately by an authorized service provider of the Authority at the expense of the owner.
(b) If other mechanical services or towing is required, such services or towing must be performed by a service agency authorized by the Authority to furnish such service on the Roadway.
(c) If towed, such disabled vehicles must be removed at the nearest exit in the original direction of travel and must pay the appropriate tolls.
(d) A truck or bus company may obtain a private mechanical and towing service permit for the Turnpike and/or the Garden State Parkway, as appropriate, or designate a prearranged service provider, provided such company and/or service provider conforms to the rules and regulations governing such permits. These permits are obtainable from the Office of the Manager of Emergency Services on the Turnpike and the Roadway Services Administrator on the Garden State Parkway. The fee for such permit shall be $ 200.00. Such permits shall be renewable on an annual basis.
(e) A truck or bus company may obtain a permit to perform its own tire service on the Turnpike and/or the Garden State Parkway, as appropriate, or designate a prearranged tire service provider, provided such company and/or service provider conforms to the rules and regulations governing such permits. These permits are obtainable from the Office of the Manager of Emergency Services on the Turnpike and the Roadway Services Administrator on the Garden State Parkway. The fee for such permit shall be $ 200.00. Such permits shall be renewable on an annual basis. Truck or bus companies not holding a private tire service permit may either receive tire service from a service agency authorized by the Authority or be removed by a towing service authorized by the Authority.
(f) Vehicles that become disabled and are determined to be a hazard to themselves and/or other motorists, may be removed from the Roadway immediately at the direction of the State Police or Authority personnel.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 N.J.R. 56(a), 9 N.J.R. 203(a).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 N.J.R. 2839(b), 25 N.J.R. 4605(a).
Amended by R.1998 d.492, effective October 5, 1998.
See: 30 N.J.R. 2835(a), 30 N.J.R. 3661(a).
In (d), added a new last sentence; and in (e), substituted “Manager of Emergency Services” for “Director of Operation” and added a new second sentence.
Special amendment, R.2004 d.269, effective June 15, 2004 (to expire January 9, 2005).
See: 36 N.J.R. 3431(a).
Rewrote (a), (b), (d) and (e).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 N.J.R. 4415(a), 37 N.J.R. 90(a).
Rewrote the section.
Amended by R.2008 d.34, effective February 19, 2008.
See: 39 N.J.R. 4108(a), 40 N.J.R. 890(a).
In (d), inserted “or designate a prearranged service provider," and “and/or service provider”, and substituted "$ 200.00” for "$ 100.00” and “an annual” for “a bi-annual”; and rewrote (e).
Chapter Notes
§ 19:9-1.13 Hitch-hiking, loitering, soliciting, and distributing prohibited
§ 19:9-1.13 Hitch-hiking, loitering, soliciting, and distributing prohibited
(a) Soliciting of alms or contributions on Authority property is prohibited.
(b) Soliciting of rides on Authority property, commonly known as “hitchhiking," is prohibited.
(c) No person shall loiter on Authority property in such a manner as to:
1. Create or cause to be created a danger of a breach of the peace;
2. Create or cause to be created a disturbance or annoyance to the comfort and repose of any person;
3. Obstruct the free passage of pedestrians or vehicles; or
4. Obstruct, molest or interfere with any person lawfully on Authority property. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.
(d) No person shall enter or remain on Authority property for the purpose of offering, selling, hiring or leasing any goods, wares, merchandise or services, whether or not such services are to be rendered for compensation, nor for the purpose of distributing samples, pamphlets or advertising matter of any sort, except as authorized by the Authority.
HISTORY
HISTORY:
Repeal and New Rule, R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Section was “Hitch-hiking, loitering, soliciting, and distributing prohibited”.
Chapter Notes
(a) Soliciting of alms or contributions on Authority property is prohibited.
(b) Soliciting of rides on Authority property, commonly known as “hitchhiking," is prohibited.
(c) No person shall loiter on Authority property in such a manner as to:
1. Create or cause to be created a danger of a breach of the peace;
2. Create or cause to be created a disturbance or annoyance to the comfort and repose of any person;
3. Obstruct the free passage of pedestrians or vehicles; or
4. Obstruct, molest or interfere with any person lawfully on Authority property. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.
(d) No person shall enter or remain on Authority property for the purpose of offering, selling, hiring or leasing any goods, wares, merchandise or services, whether or not such services are to be rendered for compensation, nor for the purpose of distributing samples, pamphlets or advertising matter of any sort, except as authorized by the Authority.
HISTORY
HISTORY:
Repeal and New Rule, R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Section was “Hitch-hiking, loitering, soliciting, and distributing prohibited”.
Chapter Notes
§ 19:9-1.13 Hitch-hiking, loitering, soliciting, and distributing prohibited
§ 19:9-1.13 Hitch-hiking, loitering, soliciting, and distributing prohibited
(a) Soliciting of alms or contributions on Authority property is prohibited.
(b) Soliciting of rides on Authority property, commonly known as “hitchhiking," is prohibited.
(c) No person shall loiter on Authority property in such a manner as to:
1. Create or cause to be created a danger of a breach of the peace;
2. Create or cause to be created a disturbance or annoyance to the comfort and repose of any person;
3. Obstruct the free passage of pedestrians or vehicles; or
4. Obstruct, molest or interfere with any person lawfully on Authority property. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.
(d) No person shall enter or remain on Authority property for the purpose of offering, selling, hiring or leasing any goods, wares, merchandise or services, whether or not such services are to be rendered for compensation, nor for the purpose of distributing samples, pamphlets or advertising matter of any sort, except as authorized by the Authority.
HISTORY
HISTORY:
Repeal and New Rule, R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Section was “Hitch-hiking, loitering, soliciting, and distributing prohibited”.
Chapter Notes
(a) Soliciting of alms or contributions on Authority property is prohibited.
(b) Soliciting of rides on Authority property, commonly known as “hitchhiking," is prohibited.
(c) No person shall loiter on Authority property in such a manner as to:
1. Create or cause to be created a danger of a breach of the peace;
2. Create or cause to be created a disturbance or annoyance to the comfort and repose of any person;
3. Obstruct the free passage of pedestrians or vehicles; or
4. Obstruct, molest or interfere with any person lawfully on Authority property. This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to whom, or in whose hearing, they are made.
(d) No person shall enter or remain on Authority property for the purpose of offering, selling, hiring or leasing any goods, wares, merchandise or services, whether or not such services are to be rendered for compensation, nor for the purpose of distributing samples, pamphlets or advertising matter of any sort, except as authorized by the Authority.
HISTORY
HISTORY:
Repeal and New Rule, R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Section was “Hitch-hiking, loitering, soliciting, and distributing prohibited”.
Chapter Notes
§ 19:9-1.12 Damaging of Authority property
§ 19:9-1.12 Damaging of Authority property
(a) No person shall cut, mutilate or remove any trees, shrub or plants located on Authority property.
(b) No person shall deface, damage, mutilate or remove any official traffic control device, delineator, structure, fence or other property or equipment of the Authority or its concessionaires.
(c) No person shall install or attempt to install, construct or place upon any portion of the Roadway, any item, sign, structure or equipment for any purpose whatsoever, without the prior written approval of the Authority. Except as otherwise provided by N.J.A.C. 19:9-1.23, no person shall erect or place any displays, posters, or placards, or engage in leafleting or display any advertising matter of any kind, regardless of the character or content of the message, on the Roadway, without the prior written approval of the Authority.
(d) No material shall be discharged on Authority property, whether intentionally or unintentionally, that may cause damage to the Roadway, the general public, the Authority, its agents and employees, or any real or personal property owned, leased or under the supervision of the Authority. For purposes of this subsection only, “damage” includes any effect which may be injurious to health, safety or welfare, or which may cause financial loss or delay the movement of traffic.
(e) The operator, owner or lessee of any vehicle from which a discharge in violation of any provision of this section or N.J.A.C. 19:9-1.10, 1.11(b) or 1.15 occurs, regardless of the cause of the discharge, shall cooperate fully with the Authority, its employees, agents, and third parties authorized to respond to an emergency, discharge or blockage of traffic by the Authority, the State Police and the Department of Environmental Protection and shall take any action deemed necessary by them to restore normal traffic conditions and to remove spilled or otherwise discharged material from the Roadway immediately. The vehicle operated, owned or leased by any person failing to cooperate or take such action as deemed necessary by the official in charge of the scene where the discharge occurred is subject to impoundment by the Authority, the State Police, or the New Jersey Department of Transportation and their agents and employees until such time as all penalties, towing and storage fees and costs have been satisfied.
(f) In addition to any penalties prescribed by this chapter or by the laws and regulations of other government entities including, but not limited to, Titles 2C, 13, 27, 39 and 58 of the New Jersey Statutes and Federal law or regulation, any person violating any provision of this section or N.J.A.C. 19:9-1.10, 1.11(b) or 1.15, shall be liable to the Authority for any and all costs arising out of said violation, including the costs of:
1. Collecting, testing and disposing of the material and restoring the Roadway to its condition immediately prior to the violation;
2. Replacing or repairing, in the Authority‘s sole discretion, any property damaged by reason of said violation;
3. Toll and concession revenue lost because of the closing of the Roadway, any part thereof, or any interchange by reason of said violation;
4. Medical care, supervision or other costs relating to personal injury suffered by the general public, the Authority, its agents or employees; and
5. Any other costs arising out of said violation and incurred by the Authority or third parties.
(g) The Authority may recover the costs under (f) above by way of complaint filed in Superior Court, Law Division or United States District Court, by an administrative consent order executed by an authorized representative of the Department of Environmental Protection, or by any other lawful means.
(a) No person shall cut, mutilate or remove any trees, shrub or plants located on Authority property.
(b) No person shall deface, damage, mutilate or remove any official traffic control device, delineator, structure, fence or other property or equipment of the Authority or its concessionaires.
(c) No person shall install or attempt to install, construct or place upon any portion of the Roadway, any item, sign, structure or equipment for any purpose whatsoever, without the prior written approval of the Authority. Except as otherwise provided by N.J.A.C. 19:9-1.23, no person shall erect or place any displays, posters, or placards, or engage in leafleting or display any advertising matter of any kind, regardless of the character or content of the message, on the Roadway, without the prior written approval of the Authority.
(d) No material shall be discharged on Authority property, whether intentionally or unintentionally, that may cause damage to the Roadway, the general public, the Authority, its agents and employees, or any real or personal property owned, leased or under the supervision of the Authority. For purposes of this subsection only, “damage” includes any effect which may be injurious to health, safety or welfare, or which may cause financial loss or delay the movement of traffic.
(e) The operator, owner or lessee of any vehicle from which a discharge in violation of any provision of this section or N.J.A.C. 19:9-1.10, 1.11(b) or 1.15 occurs, regardless of the cause of the discharge, shall cooperate fully with the Authority, its employees, agents, and third parties authorized to respond to an emergency, discharge or blockage of traffic by the Authority, the State Police and the Department of Environmental Protection and shall take any action deemed necessary by them to restore normal traffic conditions and to remove spilled or otherwise discharged material from the Roadway immediately. The vehicle operated, owned or leased by any person failing to cooperate or take such action as deemed necessary by the official in charge of the scene where the discharge occurred is subject to impoundment by the Authority, the State Police, or the New Jersey Department of Transportation and their agents and employees until such time as all penalties, towing and storage fees and costs have been satisfied.
(f) In addition to any penalties prescribed by this chapter or by the laws and regulations of other government entities including, but not limited to, Titles 2C, 13, 27, 39 and 58 of the New Jersey Statutes and Federal law or regulation, any person violating any provision of this section or N.J.A.C. 19:9-1.10, 1.11(b) or 1.15, shall be liable to the Authority for any and all costs arising out of said violation, including the costs of:
1. Collecting, testing and disposing of the material and restoring the Roadway to its condition immediately prior to the violation;
2. Replacing or repairing, in the Authority‘s sole discretion, any property damaged by reason of said violation;
3. Toll and concession revenue lost because of the closing of the Roadway, any part thereof, or any interchange by reason of said violation;
4. Medical care, supervision or other costs relating to personal injury suffered by the general public, the Authority, its agents or employees; and
5. Any other costs arising out of said violation and incurred by the Authority or third parties.
(g) The Authority may recover the costs under (f) above by way of complaint filed in Superior Court, Law Division or United States District Court, by an administrative consent order executed by an authorized representative of the Department of Environmental Protection, or by any other lawful means.
§ 19:9-1.11 Loose cargo; discharges
§ 19:9-1.11 Loose cargo; discharges
(a) Vehicles carrying material likely to spill that is not otherwise boxed, crated, bagged or packaged must be firmly secured on all sides with a tarpaulin completely covering the material, and capable of preventing the escape of said material.
(b) No material, whether solid, liquid or gaseous, shall be discharged on Authority property, whether intentionally or unintentionally. This prohibition shall apply to any material being carried as cargo, whether or not for hire, and to any material that is a part of the vehicle or necessary for the operation of the vehicle or necessary for the operation of the vehicle or any apparatus affixed thereon, but shall not apply to ordinary vehicular emissions anticipated by the original design of the vehicle or the apparatus affixed thereto.
(a) Vehicles carrying material likely to spill that is not otherwise boxed, crated, bagged or packaged must be firmly secured on all sides with a tarpaulin completely covering the material, and capable of preventing the escape of said material.
(b) No material, whether solid, liquid or gaseous, shall be discharged on Authority property, whether intentionally or unintentionally. This prohibition shall apply to any material being carried as cargo, whether or not for hire, and to any material that is a part of the vehicle or necessary for the operation of the vehicle or necessary for the operation of the vehicle or any apparatus affixed thereon, but shall not apply to ordinary vehicular emissions anticipated by the original design of the vehicle or the apparatus affixed thereto.
§ 19:9-1.10 Waste and rubbish
§ 19:9-1.10 Waste and rubbish
No person shall throw, drop or discard bottles, cans, paper, garbage, rubbish, pet waste or other material of any kind or description on any Authority property. No person shall dispose of waste oil and other hazardous materials and/or their containers at any location or into any receptacle on Authority property.
No person shall throw, drop or discard bottles, cans, paper, garbage, rubbish, pet waste or other material of any kind or description on any Authority property. No person shall dispose of waste oil and other hazardous materials and/or their containers at any location or into any receptacle on Authority property.
§ 19:9-1.9 Limitations on use of Roadway
§ 19:9-1.9 Limitations on use of Roadway
(a) Use of the Roadway and entry thereon by the following, unless otherwise authorized by the Authority, is prohibited:
1. Pedestrians;
2. Bicycles with or without motors and any other two or three-wheel vehicles, excluding motorcycles;
3. Motorcycles, during high winds or during the prevalence of other adverse weather conditions (applicable on Turnpike only, and as may be directed on the Parkway);
4. Vehicles drawn by animals;
5. Animals led, ridden or driven on the hoof;
6. Vehicles loaded with animals or poultry not properly confined;
7. Vehicles with improperly inflated pneumatic tires; also vehicles with tires in such condition that they are, in the judgment of the Authority or the New Jersey State Police, unsafe for use upon the Roadway;
8. Farm implements and farm machinery, whether self-propelled or towed;
9. Passenger vehicles and passenger vehicle-drawn trailers with improperly secured loads:
i. Passenger vehicles and passenger vehicle-drawn trailers carrying any load on the top or sides with lateral or horizontal projection in excess of 12 inches from body of vehicle or vertical projection in excess of 24 inches from body of vehicle;
10. Vehicles with metal tires or solid tires worn to metal and vehicles with caterpillar treads;
11. Construction equipment other than motor trucks or truck cranes capable of maintaining 45 miles per hour;
12. Except for the Interstate 95 Extension, any vehicle operated pursuant to a special permit issued pursuant to N.J.S.A. 39:3-84, unless said permit or its equivalent is issued by the Authority;
13. Passenger vehicles or passenger vehicle-drawn trailers being towed by other vehicles, unless both vehicles and the connecting and control devices between them meet the following requirements:
i. Not more than one vehicle is being towed;
ii. A hitch bar is used in combination with chain strong enough to hold if the bar became disconnected from either vehicle; and
iii. Brakes, brake lights and directional signals on both vehicles are controlled by the driver of towing vehicle and synchronized. A trailer with a gross weight of 3,000 pounds or less may be operated without brakes if it is towed by a vehicle whose gross weight is at least 2 1/2 times the gross weight of the trailer;
14. Vehicles with loads extending more than four feet:
i. Beyond the rear of the vehicle body or other supporting member; or
ii. Beyond the rear of vehicle-drawn trailer;
15. Vehicles with improperly secured loads;
16. Vehicles so loaded or operated that the contents or any part thereof may be scattered on the Roadway;
17. Vehicles that are not capable of maintaining a speed of at least 35 miles per hour on a level grade;
18. Vehicles not otherwise specified in this section that create a probable hazard to other vehicles or to persons;
19. During winds or during the prevalence of other adverse weather conditions, house trailers, horse trailers, boat trailers, utility trailers, motorcycles and all passenger vehicle-drawn trailers (applicable on Turnpike only, and as may be directed on the Parkway);
20. Vehicles in tow:
i. With an axle or combination of axles raised off the ground and supported by cable, chains, rope, dollies or other devices, except that Class 1 vehicles in tow with front axle off the ground and supported by dollies with safety chains are permitted to enter and use the Roadway provided that the brake lights and turn signals of the tow dolly trailering system or towed vehicle are connected to and operating in conjunction with the towing vehicle‘s lights;
ii. Without axles raised, if interconnected with rope, chains, cable or pipe or tow bars without chains; or
iii. By a fifth wheel crane or hoist mounted on a truck-tractor.
21. Vehicles owned or operated by a member or employee of a diplomatic mission, where said member or employee of the diplomatic mission has been sent prior written notice from the Authority that said member or employee violated any provision of N.J.A.C. 19:9 and who, subsequent to said notice, committed another violation of a provision of N.J.A.C. 19:9. Upon the occurrence of the second violation, said vehicle or vehicles shall be escorted off the Roadway at the nearest point of exit or interchange;
22. Commercial motor vehicles, trailer and semitrailers including farm trucks, while loaded with hay or straw when the extreme overall dimension is greater than 102 inches in width, without special permit; and
23. Drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations, wherein a tractor is hauling additional tractors, as defined at 23 C.F.R. 658.5, exceeding an overall length of 75 feet; and
24. Omnibuses exceeding 45 feet in length, excluding bumpers, and articulated omnibuses exceeding 61 feet in length, excluding bumpers.
(b) Use of the Parkway and entry thereon by the following, unless otherwise authorized by the Authority, is prohibited:
1. All vehicles, except cars, campers, omnibuses, attached noncommercial trailers or semitrailers are prohibited from the Parkway north of Interchange 105;
2. Vehicles, or combination of vehicles, including any load thereon, exceeding the following maximum dimensions, except by special permit from the Authority:
i. Height—13 feet, six inches;
ii. Width—eight feet, no inches;
iii. Length—55 feet, no inches, except that autobuses, excluding articulated autobuses, which have been approved and authorized to exceed 55 feet, no inches by the Board of Public Utilities, and which are not in excess of 61 feet, no inches, shall be permitted use of the Parkway.
(1) Articulated autobuses which have been approved and authorized by the Board of Public Utilities, and which are not in excess of 61 feet, no inches, will be permitted use of the Parkway, subject to a one-year trial period.
3. No vehicle, except State Police, Authority maintenance vehicle and other Authority vehicles, with a registered gross vehicle weight above 7,000 pounds, shall be allowed on the Parkway north of Interchange 105 and without a special permit.
(c) Use of the Turnpike and entry thereon by the following, unless otherwise authorized by the Authority, is prohibited:
1. Vehicles or combinations of vehicles, including any load thereon, exceeding the following extreme overall dimensions or weights:
i. Height: 13 feet, six inches;
ii. Width: eight feet, six inches;
iii. Length: Semitrailer in excess of 53 feet in length when in a tractor-semitrailer combination, private utility, house-type semitrailer or trailer with a length of any single vehicle in excess of 35 feet, private utility, house-type semitrailer and towing vehicle combination in excess of 45 feet and private utility, house-type trailer and towing vehicle combination in excess of 50 feet, except that single recreational vehicles of up to 40 feet in length and combination recreational vehicles of up to 62 feet in length may operate on the Turnpike;
iv. Gross weight: 80,000 pounds;
(1) Single axle: 22,400 pounds;
(2) Tandem axle: 34,000 pounds;
v. Notwithstanding the above limitations, a combination of vehicles designed, built and used to transport other motor vehicles may carry a load which does not exceed 65 feet overall length, including load overhang. The overhang shall be limited to seven feet and may not exceed three feet at the front and four feet at the rear and that the overhang shall be above the height of the average passenger car;
vi. Notwithstanding the above limitations, no vehicle operated with a tandem trailer combination, commonly known as a “double bottom," with overall individual trailer length in excess of 28 feet six inches shall be operated on the Turnpike.
(d) In addition to the State Police, toll collection employees of the Authority are authorized to enforce the provisions of this section, and all persons shall comply with the orders of such employees given to prevent the use of the Roadway by any of the aforesaid prohibited vehicles.
(e) Where the Parkway has been divided in such a manner that there are three or more traffic lanes for traffic in any one direction, no vehicles except cars while not in a funeral cortege shall be driven in the farthest left lane except when and to the extent necessary to prepare for a left turn or when necessary to enter or leave the Parkway or service area by entrance or exit to or from the left lane or when reasonably necessary in response to emergency conditions or in conformance with motor vehicle laws.
HISTORY
HISTORY:
Amended by R.1972 d.37, effective February 25, 1972.
See: 4 New Jersey Register 14(b), 4 New Jersey Register 56(a).
Amended by R.1973 d.145, effective June 4, 1973.
See: 5 New Jersey Register 172(a), 5 New Jersey Register 247(d).
Amended by R.1974 d.227, effective January 1, 1975.
See: 6 New Jersey Register 209(c), 6 New Jersey Register 370(c).
Amended by R.1975 d.25, effective February 7, 1975.
See: 7 New Jersey Register 122(d).
Amended by R.1975 d.41, effective February 28, 1975.
See: 7 New Jersey Register 77(c), 7 New Jersey Register 185(a).
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1978 d.412, effective December 5, 1978.
See: 9 New Jersey Register 497(c), 11 New Jersey Register 53(b).
Amended by R.1981 d.520, effective January 18, 1982.
See: 13 New Jersey Register 751(b), 14 New Jersey Register 106(a).
(a)25: new text added for paragraph previously reserved.
Amended by R.1982 d.448, effective December 20, 1982.
See: 14 New Jersey Register 1087(a), 14 New Jersey Register 1464(c).
Added 26 to (a).
Amended by R. 1983 d.301, effective August 1, 1983.
See: 15 New Jersey Register 886(a), 15 New Jersey Register 1257(a).
Amended several length requirements.
Amended by R.1984 d.547, effective December 17, 1984.
See: 16 New Jersey Register 2517(a), 16 New Jersey Register 3458(a).
Deleted language “A red inspection ... or to persons”.
Amended by R.1986 d.271, effective July 7, 1986.
See: 18 New Jersey Register 935(a), 18 New Jersey Register 1402(b).
(a)12v deleted text “The total ... front or rear” and substituted “The overhang shall ... at the rear”.
Amended by R.1990 d.32, effective January 16, 1990.
See: 21 New Jersey Register 3272(b), 22 New Jersey Register 249(a).
Repealed regulation on school bus use of “Out-of-Service” sign pursuant to repeal of pertinent statute, see: P.L. 1989, c.36.
Amended by R.1992 d.211, effective May 18, 1992.
See: 24 New Jersey Register 931(a), 24 New Jersey Register 1905(c).
Revised (a)12iii.
Amended by R.1993 d.311, effective July 6, 1993.
See: 25 New Jersey Register 684(a), 25 New Jersey Register 2906(c).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.1997 d.455, effective November 3, 1997.
See: 29 New Jersey Register 3432(a), 29 New Jersey Register 4714(b).
In (a)21i, inserted the exception for Class 1 vehicles in tow.
Amended by R.1998 d.492, effective October 5, 1998.
See: 30 New Jersey Register 2835(a), 30 New Jersey Register 3661(a).
In (a), inserted “committed another violation of” preceding “a provision” in 22.
Amended by R.1998 d.520, effective November 2, 1998.
See: 30 New Jersey Register 2368(a), 30 New Jersey Register 3971(a).
In (a), added an exception at the end of 12iii, and rewrote 24.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Rewrote the section.
CASE NOTES:
Action to force utility to comply with backup requirement for overweight shipment of nuclear waste dismissed as moot; “capable of repetition yet evading review” test for decision on moot issue not met. New Jersey Turnpike Authority v. Jersey Central Power and Light, 772 F.2d 25 (3rd Cir.1985).
Chapter Notes
(a) Use of the Roadway and entry thereon by the following, unless otherwise authorized by the Authority, is prohibited:
1. Pedestrians;
2. Bicycles with or without motors and any other two or three-wheel vehicles, excluding motorcycles;
3. Motorcycles, during high winds or during the prevalence of other adverse weather conditions (applicable on Turnpike only, and as may be directed on the Parkway);
4. Vehicles drawn by animals;
5. Animals led, ridden or driven on the hoof;
6. Vehicles loaded with animals or poultry not properly confined;
7. Vehicles with improperly inflated pneumatic tires; also vehicles with tires in such condition that they are, in the judgment of the Authority or the New Jersey State Police, unsafe for use upon the Roadway;
8. Farm implements and farm machinery, whether self-propelled or towed;
9. Passenger vehicles and passenger vehicle-drawn trailers with improperly secured loads:
i. Passenger vehicles and passenger vehicle-drawn trailers carrying any load on the top or sides with lateral or horizontal projection in excess of 12 inches from body of vehicle or vertical projection in excess of 24 inches from body of vehicle;
10. Vehicles with metal tires or solid tires worn to metal and vehicles with caterpillar treads;
11. Construction equipment other than motor trucks or truck cranes capable of maintaining 45 miles per hour;
12. Except for the Interstate 95 Extension, any vehicle operated pursuant to a special permit issued pursuant to N.J.S.A. 39:3-84, unless said permit or its equivalent is issued by the Authority;
13. Passenger vehicles or passenger vehicle-drawn trailers being towed by other vehicles, unless both vehicles and the connecting and control devices between them meet the following requirements:
i. Not more than one vehicle is being towed;
ii. A hitch bar is used in combination with chain strong enough to hold if the bar became disconnected from either vehicle; and
iii. Brakes, brake lights and directional signals on both vehicles are controlled by the driver of towing vehicle and synchronized. A trailer with a gross weight of 3,000 pounds or less may be operated without brakes if it is towed by a vehicle whose gross weight is at least 2 1/2 times the gross weight of the trailer;
14. Vehicles with loads extending more than four feet:
i. Beyond the rear of the vehicle body or other supporting member; or
ii. Beyond the rear of vehicle-drawn trailer;
15. Vehicles with improperly secured loads;
16. Vehicles so loaded or operated that the contents or any part thereof may be scattered on the Roadway;
17. Vehicles that are not capable of maintaining a speed of at least 35 miles per hour on a level grade;
18. Vehicles not otherwise specified in this section that create a probable hazard to other vehicles or to persons;
19. During winds or during the prevalence of other adverse weather conditions, house trailers, horse trailers, boat trailers, utility trailers, motorcycles and all passenger vehicle-drawn trailers (applicable on Turnpike only, and as may be directed on the Parkway);
20. Vehicles in tow:
i. With an axle or combination of axles raised off the ground and supported by cable, chains, rope, dollies or other devices, except that Class 1 vehicles in tow with front axle off the ground and supported by dollies with safety chains are permitted to enter and use the Roadway provided that the brake lights and turn signals of the tow dolly trailering system or towed vehicle are connected to and operating in conjunction with the towing vehicle‘s lights;
ii. Without axles raised, if interconnected with rope, chains, cable or pipe or tow bars without chains; or
iii. By a fifth wheel crane or hoist mounted on a truck-tractor.
21. Vehicles owned or operated by a member or employee of a diplomatic mission, where said member or employee of the diplomatic mission has been sent prior written notice from the Authority that said member or employee violated any provision of N.J.A.C. 19:9 and who, subsequent to said notice, committed another violation of a provision of N.J.A.C. 19:9. Upon the occurrence of the second violation, said vehicle or vehicles shall be escorted off the Roadway at the nearest point of exit or interchange;
22. Commercial motor vehicles, trailer and semitrailers including farm trucks, while loaded with hay or straw when the extreme overall dimension is greater than 102 inches in width, without special permit; and
23. Drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations, wherein a tractor is hauling additional tractors, as defined at 23 C.F.R. 658.5, exceeding an overall length of 75 feet; and
24. Omnibuses exceeding 45 feet in length, excluding bumpers, and articulated omnibuses exceeding 61 feet in length, excluding bumpers.
(b) Use of the Parkway and entry thereon by the following, unless otherwise authorized by the Authority, is prohibited:
1. All vehicles, except cars, campers, omnibuses, attached noncommercial trailers or semitrailers are prohibited from the Parkway north of Interchange 105;
2. Vehicles, or combination of vehicles, including any load thereon, exceeding the following maximum dimensions, except by special permit from the Authority:
i. Height—13 feet, six inches;
ii. Width—eight feet, no inches;
iii. Length—55 feet, no inches, except that autobuses, excluding articulated autobuses, which have been approved and authorized to exceed 55 feet, no inches by the Board of Public Utilities, and which are not in excess of 61 feet, no inches, shall be permitted use of the Parkway.
(1) Articulated autobuses which have been approved and authorized by the Board of Public Utilities, and which are not in excess of 61 feet, no inches, will be permitted use of the Parkway, subject to a one-year trial period.
3. No vehicle, except State Police, Authority maintenance vehicle and other Authority vehicles, with a registered gross vehicle weight above 7,000 pounds, shall be allowed on the Parkway north of Interchange 105 and without a special permit.
(c) Use of the Turnpike and entry thereon by the following, unless otherwise authorized by the Authority, is prohibited:
1. Vehicles or combinations of vehicles, including any load thereon, exceeding the following extreme overall dimensions or weights:
i. Height: 13 feet, six inches;
ii. Width: eight feet, six inches;
iii. Length: Semitrailer in excess of 53 feet in length when in a tractor-semitrailer combination, private utility, house-type semitrailer or trailer with a length of any single vehicle in excess of 35 feet, private utility, house-type semitrailer and towing vehicle combination in excess of 45 feet and private utility, house-type trailer and towing vehicle combination in excess of 50 feet, except that single recreational vehicles of up to 40 feet in length and combination recreational vehicles of up to 62 feet in length may operate on the Turnpike;
iv. Gross weight: 80,000 pounds;
(1) Single axle: 22,400 pounds;
(2) Tandem axle: 34,000 pounds;
v. Notwithstanding the above limitations, a combination of vehicles designed, built and used to transport other motor vehicles may carry a load which does not exceed 65 feet overall length, including load overhang. The overhang shall be limited to seven feet and may not exceed three feet at the front and four feet at the rear and that the overhang shall be above the height of the average passenger car;
vi. Notwithstanding the above limitations, no vehicle operated with a tandem trailer combination, commonly known as a “double bottom," with overall individual trailer length in excess of 28 feet six inches shall be operated on the Turnpike.
(d) In addition to the State Police, toll collection employees of the Authority are authorized to enforce the provisions of this section, and all persons shall comply with the orders of such employees given to prevent the use of the Roadway by any of the aforesaid prohibited vehicles.
(e) Where the Parkway has been divided in such a manner that there are three or more traffic lanes for traffic in any one direction, no vehicles except cars while not in a funeral cortege shall be driven in the farthest left lane except when and to the extent necessary to prepare for a left turn or when necessary to enter or leave the Parkway or service area by entrance or exit to or from the left lane or when reasonably necessary in response to emergency conditions or in conformance with motor vehicle laws.
HISTORY
HISTORY:
Amended by R.1972 d.37, effective February 25, 1972.
See: 4 New Jersey Register 14(b), 4 New Jersey Register 56(a).
Amended by R.1973 d.145, effective June 4, 1973.
See: 5 New Jersey Register 172(a), 5 New Jersey Register 247(d).
Amended by R.1974 d.227, effective January 1, 1975.
See: 6 New Jersey Register 209(c), 6 New Jersey Register 370(c).
Amended by R.1975 d.25, effective February 7, 1975.
See: 7 New Jersey Register 122(d).
Amended by R.1975 d.41, effective February 28, 1975.
See: 7 New Jersey Register 77(c), 7 New Jersey Register 185(a).
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1978 d.412, effective December 5, 1978.
See: 9 New Jersey Register 497(c), 11 New Jersey Register 53(b).
Amended by R.1981 d.520, effective January 18, 1982.
See: 13 New Jersey Register 751(b), 14 New Jersey Register 106(a).
(a)25: new text added for paragraph previously reserved.
Amended by R.1982 d.448, effective December 20, 1982.
See: 14 New Jersey Register 1087(a), 14 New Jersey Register 1464(c).
Added 26 to (a).
Amended by R. 1983 d.301, effective August 1, 1983.
See: 15 New Jersey Register 886(a), 15 New Jersey Register 1257(a).
Amended several length requirements.
Amended by R.1984 d.547, effective December 17, 1984.
See: 16 New Jersey Register 2517(a), 16 New Jersey Register 3458(a).
Deleted language “A red inspection ... or to persons”.
Amended by R.1986 d.271, effective July 7, 1986.
See: 18 New Jersey Register 935(a), 18 New Jersey Register 1402(b).
(a)12v deleted text “The total ... front or rear” and substituted “The overhang shall ... at the rear”.
Amended by R.1990 d.32, effective January 16, 1990.
See: 21 New Jersey Register 3272(b), 22 New Jersey Register 249(a).
Repealed regulation on school bus use of “Out-of-Service” sign pursuant to repeal of pertinent statute, see: P.L. 1989, c.36.
Amended by R.1992 d.211, effective May 18, 1992.
See: 24 New Jersey Register 931(a), 24 New Jersey Register 1905(c).
Revised (a)12iii.
Amended by R.1993 d.311, effective July 6, 1993.
See: 25 New Jersey Register 684(a), 25 New Jersey Register 2906(c).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.1997 d.455, effective November 3, 1997.
See: 29 New Jersey Register 3432(a), 29 New Jersey Register 4714(b).
In (a)21i, inserted the exception for Class 1 vehicles in tow.
Amended by R.1998 d.492, effective October 5, 1998.
See: 30 New Jersey Register 2835(a), 30 New Jersey Register 3661(a).
In (a), inserted “committed another violation of” preceding “a provision” in 22.
Amended by R.1998 d.520, effective November 2, 1998.
See: 30 New Jersey Register 2368(a), 30 New Jersey Register 3971(a).
In (a), added an exception at the end of 12iii, and rewrote 24.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Rewrote the section.
CASE NOTES:
Action to force utility to comply with backup requirement for overweight shipment of nuclear waste dismissed as moot; “capable of repetition yet evading review” test for decision on moot issue not met. New Jersey Turnpike Authority v. Jersey Central Power and Light, 772 F.2d 25 (3rd Cir.1985).
Chapter Notes
§ 19:9-1.8 Load limit of structure
§ 19:9-1.8 Load limit of structures
(a) No person shall cause any structure owned or maintained by the Authority to be subjected to a load in excess of load limits which may be posted at the approaches or upon such structures.
(b) In the absence of such posting, the maximum limits applicable to State roads shall control.
HISTORY
(a) No person shall cause any structure owned or maintained by the Authority to be subjected to a load in excess of load limits which may be posted at the approaches or upon such structures.
(b) In the absence of such posting, the maximum limits applicable to State roads shall control.
HISTORY
§ 19:9-1.7 Use of medial strip prohibited
§ 19:9-1.7 Use of medial strip prohibited
The medial strip between the traffic lanes of the Roadway shall not be used for driving upon any part thereof or for crossing between said lanes by vehicles or by persons on foot. Excepted from the provisions of this section are State Police vehicles, the Authority‘s maintenance and official vehicles and vehicles authorized to furnish towing and other services to disabled vehicles on the Roadway, and all other vehicles discharging emergency functions, such as ambulances and fire engines, when they are properly in use in the performance of authorized Authority duties, provided that no excepted vehicle shall use the medial strip so as to create a hazard to other vehicles.
HISTORY
HISTORY:
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Chapter Notes
The medial strip between the traffic lanes of the Roadway shall not be used for driving upon any part thereof or for crossing between said lanes by vehicles or by persons on foot. Excepted from the provisions of this section are State Police vehicles, the Authority‘s maintenance and official vehicles and vehicles authorized to furnish towing and other services to disabled vehicles on the Roadway, and all other vehicles discharging emergency functions, such as ambulances and fire engines, when they are properly in use in the performance of authorized Authority duties, provided that no excepted vehicle shall use the medial strip so as to create a hazard to other vehicles.
HISTORY
HISTORY:
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Chapter Notes
§ 19:9-1.6 Parking, standing or stopping on Roadway prohibited, except in case of emergency
§ 19:9-1.6 Parking, standing or stopping on Roadway prohibited, except in case of emergency
(a) No vehicle shall be parked, stopped, loaded or unloaded or allowed to stand on the Roadway except where otherwise posted or expressly permitted by the Authority. Excepted from the provisions of this section while in the performance of assigned duties are State Police vehicles, the Authority‘s maintenance and official vehicles and vehicles authorized to furnish towing and other services to disabled vehicles on the Roadway, and all other vehicles discharging emergency functions, such as ambulances and fire engines, when they are properly in use in the performances of authorized duties, provided that no such excepted vehicles shall be stopped so as to create a hazard to other vehicles.
(b) “Emergency," for the purposes of this section, shall be defined and construed to exist only when the vehicle in question can not be moved; the existence of inclement weather conditions that obstruct travel, including, but not limited to, snow, ice, flooding or high wind conditions; mechanically disabled vehicles; the driver of the vehicle is ill or fatigued; or conditions deemed an “emergency” by the Authority or the State Police.
(c) In the event of an emergency, vehicles are permitted to stop or stand on the shoulders of the traffic lanes with all wheels and projecting parts of any such vehicles, including the load thereof, completely clear of the traffic lanes.
(d) In the event of an emergency on those portions of the traveled Roadway where there are no shoulders, the operator of the vehicle shall take safe, reasonable precautions, under the circumstances, to warn others of his or her vehicle‘s presence in the traffic lanes, and the operator of the vehicle shall move his or her vehicle as soon as the vehicle is physically operable.
(e) Any vehicle involved in an emergency as defined above shall be removed as promptly as possible from the Roadway.
(f) No vehicle is permitted to stop or stand on any portion of the Roadway for more than two continuous hours, except as set forth in (f)1 and 2 below. In addition to the State Police, Authority employees in charge of operating parking facilities used for bus, vanpool, carpool and related operations are authorized to enforce the provisions of this subsection.
1. Parking is permitted in the designated areas of facilities used for bus, vanpool, carpool and related operations (hereinafter “Park-n-Ride”) for more than two continuous hours; provided, however, that parking in Park-n-Rides is prohibited before and after the posted hours of operation. On the Parkway, parking in public parking facilities posted for commuter parking shall be limited to the period of 4:00 A.M. to Midnight, prevailing local time.
2. Truck parking is permitted at designated truck parking facilities on the Roadway for more than two hours in designated truck spaces, but in any event for no longer than 10 consecutive hours. Trucks parked pursuant to this subsection may utilize electrification, as same may be provided by, the Authority or its vendors or, subject to the terms and conditions of any applicable agreement between the Authority and its vendors, may park without using electrification. Vehicles parked pursuant to this subsection shall always be subject to compliance with all applicable laws, rules and regulations.
(g) Stopping of vehicles on any part of the Roadway for the purpose of picking up or discharging any person is prohibited.
(h) Whenever any vehicle shall be parked, stopped or allowed to stand upon the Roadway for any of the reasons prohibited by this chapter, such vehicle shall be removed forthwith from the Roadway and impounded by the Authority at the owner‘s expense until all towing and storage costs have been satisfied.
HISTORY
HISTORY:
R.1977 d.63, effective March 1, 1977.
See: 9 N.J.R. 56(a), 9 N.J.R. 203(a).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 N.J.R. 2839(b), 25 N.J.R. 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 N.J.R. 337(a), 26 N.J.R. 3463(a).
Amended by R.1997 d.82, effective February 18, 1997.
See: 28 N.J.R. 2518(a), 28 N.J.R. 3242(a), 29 N.J.R. 587(a).
Inserted new (b); recodified former (b) as (c); combined former (c) and (d) into new and substantially amended (d); in (f), added exception to two hour parking maximum; deleted (g) and (h); recodified former (i) as (g); and deleted (j).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 N.J.R. 4415(a), 37 N.J.R. 90(a).
Rewrote (b); in (f), inserted second sentence; added (g).
Amended by R.2008 d.269, effective September 15, 2008.
See: 40 N.J.R. 1629(a), 40 N.J.R. 5246(a).
Rewrote (f).
CASE NOTES
Action to force utility to comply with backup requirement for overweight shipment of nuclear waste dismissed as moot; “capable of repetition yet evading review” test for decision on moot issue not met. New Jersey Turnpike Authority v. Jersey Central Power and Light, 772 F.2d 25 (3rd Cir.1985).
Regulation banning all photography on State turnpike exceeded powers delegated to State Turnpike Authority. State v. Levinson, 225 N.J.Super. 135, 541 A.2d 1110 (A.D.1988).
Chapter Notes
(a) No vehicle shall be parked, stopped, loaded or unloaded or allowed to stand on the Roadway except where otherwise posted or expressly permitted by the Authority. Excepted from the provisions of this section while in the performance of assigned duties are State Police vehicles, the Authority‘s maintenance and official vehicles and vehicles authorized to furnish towing and other services to disabled vehicles on the Roadway, and all other vehicles discharging emergency functions, such as ambulances and fire engines, when they are properly in use in the performances of authorized duties, provided that no such excepted vehicles shall be stopped so as to create a hazard to other vehicles.
(b) “Emergency," for the purposes of this section, shall be defined and construed to exist only when the vehicle in question can not be moved; the existence of inclement weather conditions that obstruct travel, including, but not limited to, snow, ice, flooding or high wind conditions; mechanically disabled vehicles; the driver of the vehicle is ill or fatigued; or conditions deemed an “emergency” by the Authority or the State Police.
(c) In the event of an emergency, vehicles are permitted to stop or stand on the shoulders of the traffic lanes with all wheels and projecting parts of any such vehicles, including the load thereof, completely clear of the traffic lanes.
(d) In the event of an emergency on those portions of the traveled Roadway where there are no shoulders, the operator of the vehicle shall take safe, reasonable precautions, under the circumstances, to warn others of his or her vehicle‘s presence in the traffic lanes, and the operator of the vehicle shall move his or her vehicle as soon as the vehicle is physically operable.
(e) Any vehicle involved in an emergency as defined above shall be removed as promptly as possible from the Roadway.
(f) No vehicle is permitted to stop or stand on any portion of the Roadway for more than two continuous hours, except as set forth in (f)1 and 2 below. In addition to the State Police, Authority employees in charge of operating parking facilities used for bus, vanpool, carpool and related operations are authorized to enforce the provisions of this subsection.
1. Parking is permitted in the designated areas of facilities used for bus, vanpool, carpool and related operations (hereinafter “Park-n-Ride”) for more than two continuous hours; provided, however, that parking in Park-n-Rides is prohibited before and after the posted hours of operation. On the Parkway, parking in public parking facilities posted for commuter parking shall be limited to the period of 4:00 A.M. to Midnight, prevailing local time.
2. Truck parking is permitted at designated truck parking facilities on the Roadway for more than two hours in designated truck spaces, but in any event for no longer than 10 consecutive hours. Trucks parked pursuant to this subsection may utilize electrification, as same may be provided by, the Authority or its vendors or, subject to the terms and conditions of any applicable agreement between the Authority and its vendors, may park without using electrification. Vehicles parked pursuant to this subsection shall always be subject to compliance with all applicable laws, rules and regulations.
(g) Stopping of vehicles on any part of the Roadway for the purpose of picking up or discharging any person is prohibited.
(h) Whenever any vehicle shall be parked, stopped or allowed to stand upon the Roadway for any of the reasons prohibited by this chapter, such vehicle shall be removed forthwith from the Roadway and impounded by the Authority at the owner‘s expense until all towing and storage costs have been satisfied.
HISTORY
HISTORY:
R.1977 d.63, effective March 1, 1977.
See: 9 N.J.R. 56(a), 9 N.J.R. 203(a).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 N.J.R. 2839(b), 25 N.J.R. 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 N.J.R. 337(a), 26 N.J.R. 3463(a).
Amended by R.1997 d.82, effective February 18, 1997.
See: 28 N.J.R. 2518(a), 28 N.J.R. 3242(a), 29 N.J.R. 587(a).
Inserted new (b); recodified former (b) as (c); combined former (c) and (d) into new and substantially amended (d); in (f), added exception to two hour parking maximum; deleted (g) and (h); recodified former (i) as (g); and deleted (j).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 N.J.R. 4415(a), 37 N.J.R. 90(a).
Rewrote (b); in (f), inserted second sentence; added (g).
Amended by R.2008 d.269, effective September 15, 2008.
See: 40 N.J.R. 1629(a), 40 N.J.R. 5246(a).
Rewrote (f).
CASE NOTES
Action to force utility to comply with backup requirement for overweight shipment of nuclear waste dismissed as moot; “capable of repetition yet evading review” test for decision on moot issue not met. New Jersey Turnpike Authority v. Jersey Central Power and Light, 772 F.2d 25 (3rd Cir.1985).
Regulation banning all photography on State turnpike exceeded powers delegated to State Turnpike Authority. State v. Levinson, 225 N.J.Super. 135, 541 A.2d 1110 (A.D.1988).
Chapter Notes
§ 19:9-1.5 “U” turns prohibited
§ 19:9-1.5 “U” turns prohibited
(a) The making of a “U” turn at any point on the Roadway is prohibited.
(b) The direction of travel of any vehicle operated on the Roadway shall be reversed only by passing through a Turnpike interchange, or exiting the Parkway at a legal exit.
(c) Excepted from the provisions of this section are State Police vehicles, the Authority‘s maintenance and official vehicles and vehicles authorized to furnish towing and other services to disabled vehicles on the Roadway, and all other vehicles discharging emergency functions, such as ambulances and fire engines, when they are properly in use in the performance of authorized Authority duties; provided however, that this exception shall be for the sole purpose of crossing from a traffic lane carrying vehicles in one direction to a traffic lane carrying vehicles bound in the opposite direction; and provided further, that no such excepted vehicles shall make such crossing so as to create a hazard to other vehicles.
(d) The making of a “U” turn on a toll plaza shall be done only at the direction of and under the supervision of toll plaza personnel.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Chapter Notes
(a) The making of a “U” turn at any point on the Roadway is prohibited.
(b) The direction of travel of any vehicle operated on the Roadway shall be reversed only by passing through a Turnpike interchange, or exiting the Parkway at a legal exit.
(c) Excepted from the provisions of this section are State Police vehicles, the Authority‘s maintenance and official vehicles and vehicles authorized to furnish towing and other services to disabled vehicles on the Roadway, and all other vehicles discharging emergency functions, such as ambulances and fire engines, when they are properly in use in the performance of authorized Authority duties; provided however, that this exception shall be for the sole purpose of crossing from a traffic lane carrying vehicles in one direction to a traffic lane carrying vehicles bound in the opposite direction; and provided further, that no such excepted vehicles shall make such crossing so as to create a hazard to other vehicles.
(d) The making of a “U” turn on a toll plaza shall be done only at the direction of and under the supervision of toll plaza personnel.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Chapter Notes
Turnpike & Parkway 19:9-1.4 Uniform direction of traffic
§ 19:9-1.4 Uniform direction of traffic
(a) No vehicle shall be operated, pushed or otherwise caused to move in a direction which is against the normal flow of traffic on any traffic lane, deceleration lane, acceleration lane, access ramp, shoulder or other roadway on the Roadway.
(b) No vehicle shall be operated on a roadway lane where lane usage by that classification of vehicle is prohibited by appropriate signs.
(c) Excepted from the provisions of this section are State Police vehicles, the Authority‘s maintenance and official vehicles and vehicles authorized to furnish towing and other services to disabled vehicles on the Roadway, and all other vehicles discharging emergency functions, such as ambulances and fire engines, when they are properly in use in the performance of authorized Authority duties; provided that no such excepted vehicles shall be operated against the normal flow of traffic or contrary to classification prohibitions so as to create a hazard to other vehicles.
HISTORY
HISTORY:
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Rewrote (a).
Chapter Notes
(a) No vehicle shall be operated, pushed or otherwise caused to move in a direction which is against the normal flow of traffic on any traffic lane, deceleration lane, acceleration lane, access ramp, shoulder or other roadway on the Roadway.
(b) No vehicle shall be operated on a roadway lane where lane usage by that classification of vehicle is prohibited by appropriate signs.
(c) Excepted from the provisions of this section are State Police vehicles, the Authority‘s maintenance and official vehicles and vehicles authorized to furnish towing and other services to disabled vehicles on the Roadway, and all other vehicles discharging emergency functions, such as ambulances and fire engines, when they are properly in use in the performance of authorized Authority duties; provided that no such excepted vehicles shall be operated against the normal flow of traffic or contrary to classification prohibitions so as to create a hazard to other vehicles.
HISTORY
HISTORY:
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Rewrote (a).
Chapter Notes
Turnpike & Parkway 19:9-1.3 Traffic control
19:9-1.3 Traffic control
(a) The regulating, warning or guiding of all traffic on the Roadway shall be governed by official traffic control devices.
(b) No vehicle shall operate an emergency flashing light of any color on the Roadway except State Police vehicles, the Authority‘s maintenance and official vehicles, contractors’ private vehicles while in the performance of authorized Authority duties, vehicles on the Roadway for the purpose of furnishing authorized towing and other services to disabled vehicles, and all other vehicles performing emergency services, such as ambulances and fire engines, when they are properly in use in the performance of authorized Authority duties.
(c) All official traffic control devices on the Roadway shall be obeyed by the operators of all vehicles unless a State Police officer or authorized Authority personnel directs otherwise.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Chapter Notes
(a) The regulating, warning or guiding of all traffic on the Roadway shall be governed by official traffic control devices.
(b) No vehicle shall operate an emergency flashing light of any color on the Roadway except State Police vehicles, the Authority‘s maintenance and official vehicles, contractors’ private vehicles while in the performance of authorized Authority duties, vehicles on the Roadway for the purpose of furnishing authorized towing and other services to disabled vehicles, and all other vehicles performing emergency services, such as ambulances and fire engines, when they are properly in use in the performance of authorized Authority duties.
(c) All official traffic control devices on the Roadway shall be obeyed by the operators of all vehicles unless a State Police officer or authorized Authority personnel directs otherwise.
HISTORY
HISTORY:
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.1994 d.414, effective August 15, 1994.
See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Chapter Notes
§ 19:9-1.2 Speed limits
§ 19:9-1.2 Speed limits
(a) Vehicles shall not be operated at a speed in excess of 65 miles per hour on the Turnpike:
1. Between milepost 1.2 and milepost 97.2;
2. On the Pearl Harbor Memorial Turnpike Extension eastbound between milepost P-1.6 and the Turnpike mainline at milepost P-5.8; or
3. On the Pearl Harbor Memorial Turnpike Extension westbound between the Turnpike mainline at milepost P-5.8 and milepost P-3.7.
(b) Vehicles shall not be operated on the Turnpike on the Newark Bay-Hudson County Extension between milepost N-0 and milepost N-8 at a speed in excess of 50 miles per hour.
(c) Vehicles shall not be operated on the Pearl Harbor Memorial Turnpike Extension eastbound between the Delaware River Turnpike Bridge at milepost P-0.0 (Pennsylvania-New Jersey State line) and milepost P-1.6 at a speed in excess of 50 miles per hour.
(d) Vehicles shall not be operated on the Pearl Harbor Memorial Turnpike Extension westbound between mileposts P-3.7 and P-1.0 at a speed in excess of 55 miles per hour and between milepost P-1.0 and the Delaware River Turnpike Bridge at milepost P-0.0 (Pennsylvania-New Jersey State line) at a speed in excess of 50 miles per hour.
(e) Except as specified in (a) through (d) above, vehicles shall not be operated elsewhere on the Turnpike at a speed in excess of 55 miles per hour except at such locations as shall be designated for test purposes.
(f) Unless otherwise posted, the maximum legal rate of speed at which any motor vehicle may be operated on the main roadway of the Parkway in both directions of traffic shall be 65 miles per hour for its entire length, except the following portions, for which the speed limits will be as indicated below:
1. Fifty miles per hour between Milepost 8.0 to Milepost 11.5 in Middle Township, Cape May County;
2. Forty-five miles per hour between Milepost 27 to Milepost 29, approaching and traversing the Great Egg Harbor Bridge;
3. Forty-five miles per hour between Milepost 126.7 and 127.7, approaching and traversing the Driscoll Bridge; and
4. Fifty-five miles per hour between Milepost 123.5 to Milepost 163.3, except as provided by (f)3 above.
(g) A person determined to be in violation of the speed limits set forth in (a) through (f) above shall be subject to the fine for a motor vehicle offense in double the amount specified by law, in accordance with N.J.S.A. 39:4-98.6 and 27:23-29.
(h) Where signs prescribing a different speed are posted or erected by a person or persons authorized by the Authority to post or erect such signs, no vehicle within the area or zone or section where such signs are posted or erected shall be operated in excess of the speed prescribed by said signs.
(i) Consistent with the requirements of this section, any vehicle operated on the Roadway shall at all times be operated at an appropriate reduced speed when specified hazards exist with respect to traffic, road, weather or other conditions irrespective of the posted speed limit.
(j) No vehicle shall be operated anywhere on the Roadway at such a slow speed as to impede or block the normal and reasonable movement of traffic, or in any event at a speed of less than 35 miles per hour on level ground except where otherwise posted or when specific hazards exist with respect to traffic, road or weather conditions.
(k) Unless otherwise posted, or when conditions make such maximum legal rate of speed unsafe, the maximum legal rate of speed at which any motor vehicle may be operated at facilities off the main roadway of the Parkway shall be 25 miles per hour.
HISTORY
HISTORY:
Amended by R.1972 d.146, effective July 27, 1972.
See: 4 New Jersey Register 109(c), 4 New Jersey Register 199(c).
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1989 d.60, effective February 6, 1989.
See: 20 New Jersey Register 2684(b), 21 New Jersey Register 314(a).
Deleted (e) and recodified (f) to (e).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.2003 d.287, effective July 21, 2003.
See: 34 New Jersey Register 2207(a), 35 New Jersey Register 3392(a).
Rewrote the section.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Rewrote the section.
Chapter Notes
(a) Vehicles shall not be operated at a speed in excess of 65 miles per hour on the Turnpike:
1. Between milepost 1.2 and milepost 97.2;
2. On the Pearl Harbor Memorial Turnpike Extension eastbound between milepost P-1.6 and the Turnpike mainline at milepost P-5.8; or
3. On the Pearl Harbor Memorial Turnpike Extension westbound between the Turnpike mainline at milepost P-5.8 and milepost P-3.7.
(b) Vehicles shall not be operated on the Turnpike on the Newark Bay-Hudson County Extension between milepost N-0 and milepost N-8 at a speed in excess of 50 miles per hour.
(c) Vehicles shall not be operated on the Pearl Harbor Memorial Turnpike Extension eastbound between the Delaware River Turnpike Bridge at milepost P-0.0 (Pennsylvania-New Jersey State line) and milepost P-1.6 at a speed in excess of 50 miles per hour.
(d) Vehicles shall not be operated on the Pearl Harbor Memorial Turnpike Extension westbound between mileposts P-3.7 and P-1.0 at a speed in excess of 55 miles per hour and between milepost P-1.0 and the Delaware River Turnpike Bridge at milepost P-0.0 (Pennsylvania-New Jersey State line) at a speed in excess of 50 miles per hour.
(e) Except as specified in (a) through (d) above, vehicles shall not be operated elsewhere on the Turnpike at a speed in excess of 55 miles per hour except at such locations as shall be designated for test purposes.
(f) Unless otherwise posted, the maximum legal rate of speed at which any motor vehicle may be operated on the main roadway of the Parkway in both directions of traffic shall be 65 miles per hour for its entire length, except the following portions, for which the speed limits will be as indicated below:
1. Fifty miles per hour between Milepost 8.0 to Milepost 11.5 in Middle Township, Cape May County;
2. Forty-five miles per hour between Milepost 27 to Milepost 29, approaching and traversing the Great Egg Harbor Bridge;
3. Forty-five miles per hour between Milepost 126.7 and 127.7, approaching and traversing the Driscoll Bridge; and
4. Fifty-five miles per hour between Milepost 123.5 to Milepost 163.3, except as provided by (f)3 above.
(g) A person determined to be in violation of the speed limits set forth in (a) through (f) above shall be subject to the fine for a motor vehicle offense in double the amount specified by law, in accordance with N.J.S.A. 39:4-98.6 and 27:23-29.
(h) Where signs prescribing a different speed are posted or erected by a person or persons authorized by the Authority to post or erect such signs, no vehicle within the area or zone or section where such signs are posted or erected shall be operated in excess of the speed prescribed by said signs.
(i) Consistent with the requirements of this section, any vehicle operated on the Roadway shall at all times be operated at an appropriate reduced speed when specified hazards exist with respect to traffic, road, weather or other conditions irrespective of the posted speed limit.
(j) No vehicle shall be operated anywhere on the Roadway at such a slow speed as to impede or block the normal and reasonable movement of traffic, or in any event at a speed of less than 35 miles per hour on level ground except where otherwise posted or when specific hazards exist with respect to traffic, road or weather conditions.
(k) Unless otherwise posted, or when conditions make such maximum legal rate of speed unsafe, the maximum legal rate of speed at which any motor vehicle may be operated at facilities off the main roadway of the Parkway shall be 25 miles per hour.
HISTORY
HISTORY:
Amended by R.1972 d.146, effective July 27, 1972.
See: 4 New Jersey Register 109(c), 4 New Jersey Register 199(c).
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).
Amended by R.1989 d.60, effective February 6, 1989.
See: 20 New Jersey Register 2684(b), 21 New Jersey Register 314(a).
Deleted (e) and recodified (f) to (e).
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).
Amended by R.2003 d.287, effective July 21, 2003.
See: 34 New Jersey Register 2207(a), 35 New Jersey Register 3392(a).
Rewrote the section.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).
Rewrote the section.
Chapter Notes
Turnpike § 19:9-1.1 Definitions
§ 19:9-1.1 Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
“Abandoned vehicles” means any vehicle whose occupants leave the vehicle unattended on the Roadway for any reason for any period of time.
“Amphitheater” means the theater and lawn areas within the confines of the fence which surrounds the theater located at the Arts Center.
“Arts Center” means the amphitheater, plaza, buildings, mall, all roads leading to and from the amphitheater, all parking areas supporting the amphitheater, and surrounding lands located on the Parkway at the Telegraph Hill Nature Area, Holmdel, New Jersey.
“Authority” means the New Jersey Turnpike Authority, the body corporate and politic defined in N.J.S.A. 27:23-1 et seq., acting by and through the duly appointed commissioners thereof and their designees.
“Bicycle” means any vehicle with two wheels supported by a frame propelled by the feet acting upon pedals.
“Camper” means a self-propelled motor vehicle, single unit or unit attached, which is used and designed for human habitation and not used for commercial purposes.
“Car” means a passenger motor vehicle, including station wagons, hearses, funeral flower and funeral service vehicles for which issuance of passenger car plates is authorized, taxicabs, motorcycles, two axle four tire campers, school buses and panel vans, pickup trucks and similar vehicles having a gross weight not exceeding 6,999 pounds.
“Commercial vehicles” means every type of motor driven vehicle used for commercial purposes on the Roadway such as the transportation of goods, wares and merchandise, excepting such vehicle of the passenger car type.
“Construction equipment” means all vehicles, machinery and equipment enumerated in N.J.S.A. 39:3-20.
“Discharge” means the unintentional or intentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, abandonment or dumping of a hazardous or non-hazardous material or waste into or on the land, water or air. This shall also include the disposal of containers or hazardous materials into receptacles for trash or recycling at any location on any Roadway.
“Gross combination weight rating (G.C.W.R.)" means the value specified by the manufacturer as the loaded weight of a combination vehicle.
“Gross vehicle weight rating (G.V.W.R.)" means the value specified by the manufacturer as the loaded weight of a single vehicle.
“Gross weight” means the combined weight of a vehicle and any load thereon.
“Hazardous material” means any material or substance that is capable of posing a risk to health, safety and property or as set forth in N.J.A.C. 7:1E-1.7, 7:26-8, 40 CFR Part 261 and 49 CRF Part 172, as amended or recodified.
“Heavy truck” means a truck with two axles and four tires weighing more than 6,999 pounds, a truck with two axles and six or more tires, or a truck with three or more axles.
“Interstate 95 Extension” means that portion of Interstate Highway 95 previously maintained by the New Jersey Department of Transportation and transferred to the Authority by N.J.S.A. 27:23-23.7, beginning at Turnpike milepost 117.9+ and thence in a general northerly direction to milepost 122.0+, and all bridges, tunnels, underpasses, interchanges, entrance plazas, approaches, toll houses, service areas, service stations, service facilities, communication facilities, and administration, storage and other buildings which the Authority may deem necessary for the operation of such extension, together with all property, rights, easements and interests which may be acquired by the Authority for the construction or the operation of such extension and all other property within the Interstate 95 Extension right-of-way.
“Loitering” means remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly, and which also includes the colloquial expression “hanging around."
“Motorcycles” means all motor operated vehicles of the bicycle or tricycle type, whether the motor power being a part thereof or attached thereto and having a saddle or seat with driver seat astride or upon it, excluding motor scooters, minibikes and bicycles and any other vehicle not registered with the New Jersey Motor Vehicle Commission for use on limited access highways of this State having a regulatory speed limit of 55 miles per hour.
“Motor trucks” means every motor vehicle designed, used or maintained primarily for the transportation of property, which property is not affixed to or a necessary part of the design or construction of the vehicle itself.
“Official traffic control devices” means only those signs, signals, markings and devices approved and accepted by the Authority and placed, erected or caused to be placed or erected by the Authority for the purpose of regulating, warning or guiding traffic on the Roadway.
“Omnibus” means any motor vehicle capable of transporting 10 or more passengers and registered as a bus, as indicated by the letter “O” preceding the registration number or the word “Bus” or “Omnibus” on the vehicle‘s license plate. Vehicles with the letters “CV” or the word “Livery” or “Autocab” on the license plate are excluded from this definition.
“Parkway” means the highway project known as the Garden State Parkway, expressly including, but not limited to, the Arts Center, the Telegraph Hill Nature Area, to the extent provided in an Agreement dated April 23, 1992 among the Authority, the New Jersey Vietnam Veterans Memorial and all real property owned by, operated or under the jurisdiction of the Authority and any improvements thereon. The term Parkway shall not include the Turnpike.
“Parkway-Right-of-Way” means the area continued within the right-of-way lines as designated on the Parkway parcel property maps filed in the respective county clerk‘s office of each county in which the Parkway is located.
“Passenger vehicles” means all automobiles used and designed for the transportation of passengers other than omnibuses and school buses, irrespective of whether the vehicle has commercial or noncommercial registration license plates.
“Recreational vehicle” means a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance.
“Roadway” shall mean, collectively, the Turnpike and the Parkway.
“Semitrailer” means every vehicle with or without motive power, including a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some parts of its weight and that of its load rests upon or is carried by another vehicle.
“Telegraph Hill Nature Area” means that approximately 400 acre tract including, but not limited to, forest, groves, gardens, picnic areas, nature trails, exercise areas and any improvements thereon, also encompassing the Vietnam Veterans Memorial and the Arts Center, located in Holmdel, New Jersey.
“Trailer” means every vehicle with or without motive power, including a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
“Truck-tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
“Turnpike” means any express highway, superhighway or motorway at such locations and between such termini as may hereafter be established by law, owned and/or operated under the provisions of N.J.S.A. 27:23-1 et seq. by the Authority, and shall include, but not be limited to, all bridges, tunnels, underpasses, interchanges, entrance plazas, approaches, toll houses, service areas, service stations, service facilities, communication facilities, and administration, storage and other buildings which the Authority may deem necessary for the operation of such project, together with all property, rights, easements and interests which may be acquired by the Authority for the construction or the operation of such project and all other property within the Turnpike right-of-way. The term “Turnpike” shall not include the Parkway.
“Turnpike right-of-way” means the area continued within the right-of-way lines as designated on Turnpike parcel property maps filed in the respective county clerk‘s office of each county in which the Turnpike is located.
“Vehicles” means every device in, upon or by which a person or property is or may be transported upon a highway.
“Vietnam Veterans Memorial” means the structure containing an open air memorial to the New Jersey servicemen and women who were killed or reported missing in action in the Vietnam Conflict, its environs, including, but not limited to, the Vietnam Era Education Center, located in Telegraph Hill Nature Center.
HISTORY
HISTORY:
Amended by R.1974 d.227, effective October 1, 1974.
See: 6 N.J.R. 209(c), 6 N.J.R. 370(c).
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 N.J.R. 56(a), 9 N.J.R. 203(a).
Amended by R.1992 d.379, effective October 5, 1992.
See: 24 N.J.R. 2692(a), 24 N.J.R. 3534(d).
Revised definition “New Jersey Turnpike."
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 N.J.R. 2839(b), 25 N.J.R. 4605(a).
Amended by R.1998 d.520, effective November 2, 1998.
See: 30 N.J.R. 2368(a), 30 N.J.R. 3971(a).
Added new “Recreational vehicle” definition.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 N.J.R. 4415(a), 37 N.J.R. 90(a).
Rewrote the section.
Amended by R.2008 d.336, effective November 3, 2008.
See: 40 N.J.R. 4498(a), 40 N.J.R. 6478(a).
Deleted definitions “Bus token” and “Car token”.
CASE NOTES:
Statutory objective may be examined to determine whether act of State Turnpike Authority is statutorily authorized. State v. Levinson, 225 N.J.Super. 135, 541 A.2d 1110 (A.D.1988).
Regulations of State Turnpike Authority are afforded rebuttable presumption of validity. State v. Levinson, 225 N.J.Super. 135, 541 A.2d 1110 (A.D.1988).
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
“Abandoned vehicles” means any vehicle whose occupants leave the vehicle unattended on the Roadway for any reason for any period of time.
“Amphitheater” means the theater and lawn areas within the confines of the fence which surrounds the theater located at the Arts Center.
“Arts Center” means the amphitheater, plaza, buildings, mall, all roads leading to and from the amphitheater, all parking areas supporting the amphitheater, and surrounding lands located on the Parkway at the Telegraph Hill Nature Area, Holmdel, New Jersey.
“Authority” means the New Jersey Turnpike Authority, the body corporate and politic defined in N.J.S.A. 27:23-1 et seq., acting by and through the duly appointed commissioners thereof and their designees.
“Bicycle” means any vehicle with two wheels supported by a frame propelled by the feet acting upon pedals.
“Camper” means a self-propelled motor vehicle, single unit or unit attached, which is used and designed for human habitation and not used for commercial purposes.
“Car” means a passenger motor vehicle, including station wagons, hearses, funeral flower and funeral service vehicles for which issuance of passenger car plates is authorized, taxicabs, motorcycles, two axle four tire campers, school buses and panel vans, pickup trucks and similar vehicles having a gross weight not exceeding 6,999 pounds.
“Commercial vehicles” means every type of motor driven vehicle used for commercial purposes on the Roadway such as the transportation of goods, wares and merchandise, excepting such vehicle of the passenger car type.
“Construction equipment” means all vehicles, machinery and equipment enumerated in N.J.S.A. 39:3-20.
“Discharge” means the unintentional or intentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, abandonment or dumping of a hazardous or non-hazardous material or waste into or on the land, water or air. This shall also include the disposal of containers or hazardous materials into receptacles for trash or recycling at any location on any Roadway.
“Gross combination weight rating (G.C.W.R.)" means the value specified by the manufacturer as the loaded weight of a combination vehicle.
“Gross vehicle weight rating (G.V.W.R.)" means the value specified by the manufacturer as the loaded weight of a single vehicle.
“Gross weight” means the combined weight of a vehicle and any load thereon.
“Hazardous material” means any material or substance that is capable of posing a risk to health, safety and property or as set forth in N.J.A.C. 7:1E-1.7, 7:26-8, 40 CFR Part 261 and 49 CRF Part 172, as amended or recodified.
“Heavy truck” means a truck with two axles and four tires weighing more than 6,999 pounds, a truck with two axles and six or more tires, or a truck with three or more axles.
“Interstate 95 Extension” means that portion of Interstate Highway 95 previously maintained by the New Jersey Department of Transportation and transferred to the Authority by N.J.S.A. 27:23-23.7, beginning at Turnpike milepost 117.9+ and thence in a general northerly direction to milepost 122.0+, and all bridges, tunnels, underpasses, interchanges, entrance plazas, approaches, toll houses, service areas, service stations, service facilities, communication facilities, and administration, storage and other buildings which the Authority may deem necessary for the operation of such extension, together with all property, rights, easements and interests which may be acquired by the Authority for the construction or the operation of such extension and all other property within the Interstate 95 Extension right-of-way.
“Loitering” means remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly, and which also includes the colloquial expression “hanging around."
“Motorcycles” means all motor operated vehicles of the bicycle or tricycle type, whether the motor power being a part thereof or attached thereto and having a saddle or seat with driver seat astride or upon it, excluding motor scooters, minibikes and bicycles and any other vehicle not registered with the New Jersey Motor Vehicle Commission for use on limited access highways of this State having a regulatory speed limit of 55 miles per hour.
“Motor trucks” means every motor vehicle designed, used or maintained primarily for the transportation of property, which property is not affixed to or a necessary part of the design or construction of the vehicle itself.
“Official traffic control devices” means only those signs, signals, markings and devices approved and accepted by the Authority and placed, erected or caused to be placed or erected by the Authority for the purpose of regulating, warning or guiding traffic on the Roadway.
“Omnibus” means any motor vehicle capable of transporting 10 or more passengers and registered as a bus, as indicated by the letter “O” preceding the registration number or the word “Bus” or “Omnibus” on the vehicle‘s license plate. Vehicles with the letters “CV” or the word “Livery” or “Autocab” on the license plate are excluded from this definition.
“Parkway” means the highway project known as the Garden State Parkway, expressly including, but not limited to, the Arts Center, the Telegraph Hill Nature Area, to the extent provided in an Agreement dated April 23, 1992 among the Authority, the New Jersey Vietnam Veterans Memorial and all real property owned by, operated or under the jurisdiction of the Authority and any improvements thereon. The term Parkway shall not include the Turnpike.
“Parkway-Right-of-Way” means the area continued within the right-of-way lines as designated on the Parkway parcel property maps filed in the respective county clerk‘s office of each county in which the Parkway is located.
“Passenger vehicles” means all automobiles used and designed for the transportation of passengers other than omnibuses and school buses, irrespective of whether the vehicle has commercial or noncommercial registration license plates.
“Recreational vehicle” means a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance.
“Roadway” shall mean, collectively, the Turnpike and the Parkway.
“Semitrailer” means every vehicle with or without motive power, including a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some parts of its weight and that of its load rests upon or is carried by another vehicle.
“Telegraph Hill Nature Area” means that approximately 400 acre tract including, but not limited to, forest, groves, gardens, picnic areas, nature trails, exercise areas and any improvements thereon, also encompassing the Vietnam Veterans Memorial and the Arts Center, located in Holmdel, New Jersey.
“Trailer” means every vehicle with or without motive power, including a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
“Truck-tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
“Turnpike” means any express highway, superhighway or motorway at such locations and between such termini as may hereafter be established by law, owned and/or operated under the provisions of N.J.S.A. 27:23-1 et seq. by the Authority, and shall include, but not be limited to, all bridges, tunnels, underpasses, interchanges, entrance plazas, approaches, toll houses, service areas, service stations, service facilities, communication facilities, and administration, storage and other buildings which the Authority may deem necessary for the operation of such project, together with all property, rights, easements and interests which may be acquired by the Authority for the construction or the operation of such project and all other property within the Turnpike right-of-way. The term “Turnpike” shall not include the Parkway.
“Turnpike right-of-way” means the area continued within the right-of-way lines as designated on Turnpike parcel property maps filed in the respective county clerk‘s office of each county in which the Turnpike is located.
“Vehicles” means every device in, upon or by which a person or property is or may be transported upon a highway.
“Vietnam Veterans Memorial” means the structure containing an open air memorial to the New Jersey servicemen and women who were killed or reported missing in action in the Vietnam Conflict, its environs, including, but not limited to, the Vietnam Era Education Center, located in Telegraph Hill Nature Center.
HISTORY
HISTORY:
Amended by R.1974 d.227, effective October 1, 1974.
See: 6 N.J.R. 209(c), 6 N.J.R. 370(c).
Amended by R.1977 d.63, effective March 1, 1977.
See: 9 N.J.R. 56(a), 9 N.J.R. 203(a).
Amended by R.1992 d.379, effective October 5, 1992.
See: 24 N.J.R. 2692(a), 24 N.J.R. 3534(d).
Revised definition “New Jersey Turnpike."
Amended by R.1993 d.496, effective October 4, 1993.
See: 25 N.J.R. 2839(b), 25 N.J.R. 4605(a).
Amended by R.1998 d.520, effective November 2, 1998.
See: 30 N.J.R. 2368(a), 30 N.J.R. 3971(a).
Added new “Recreational vehicle” definition.
Amended by R.2005 d.23, effective January 3, 2005.
See: 36 N.J.R. 4415(a), 37 N.J.R. 90(a).
Rewrote the section.
Amended by R.2008 d.336, effective November 3, 2008.
See: 40 N.J.R. 4498(a), 40 N.J.R. 6478(a).
Deleted definitions “Bus token” and “Car token”.
CASE NOTES:
Statutory objective may be examined to determine whether act of State Turnpike Authority is statutorily authorized. State v. Levinson, 225 N.J.Super. 135, 541 A.2d 1110 (A.D.1988).
Regulations of State Turnpike Authority are afforded rebuttable presumption of validity. State v. Levinson, 225 N.J.Super. 135, 541 A.2d 1110 (A.D.1988).
N.J.S.A PayableAmountPursuant to New Jersey Statutes Annotated
N.J.S.A PayableAmountPursuant to New Jersey Statutes Annotated
39:4-138(n) Improper parking on a bridge, elevated structure, underpass or
immediate approaches (except where space for parking is provided) $54
39:4-139 Loading or unloading for unreasonable period of time $54
39:4-144 Failure to obey stop or yield right-of way signs $85
39:4-144 Safe Corridor, Construction Zone or 65 MPH area - Failure to obey stop
or yield right-of-way signs $140
39:4-145 Failure to yield to vehicle entering stop or yield intersection after
stopping $85
39:4-207.9 Failure to maintain handicapped parking space $530
39:4-215 Failure to obey signals, signs or directions $54
39:8-1 Failure to have inspection $130
39:8-4 Failure to make repairs $130
39:8-6 Failure to display approval certificate (fines for inspection violations are
forwarded to Division of Motor Vehicles) $130
39:8-62 Operation of diesel powered motor vehicle - emission violation-no
certification of repair - first offense only (the payable amount may be
reduced to $150.00 if a certification of repair is provided and it is
acceptable to the Court)
$730
Page 909/01/04
39:4-138(n) Improper parking on a bridge, elevated structure, underpass or
immediate approaches (except where space for parking is provided) $54
39:4-139 Loading or unloading for unreasonable period of time $54
39:4-144 Failure to obey stop or yield right-of way signs $85
39:4-144 Safe Corridor, Construction Zone or 65 MPH area - Failure to obey stop
or yield right-of-way signs $140
39:4-145 Failure to yield to vehicle entering stop or yield intersection after
stopping $85
39:4-207.9 Failure to maintain handicapped parking space $530
39:4-215 Failure to obey signals, signs or directions $54
39:8-1 Failure to have inspection $130
39:8-4 Failure to make repairs $130
39:8-6 Failure to display approval certificate (fines for inspection violations are
forwarded to Division of Motor Vehicles) $130
39:8-62 Operation of diesel powered motor vehicle - emission violation-no
certification of repair - first offense only (the payable amount may be
reduced to $150.00 if a certification of repair is provided and it is
acceptable to the Court)
$730
Page 909/01/04
Standard Conditions of Adult Probation – Revised Form
Probationer Name:
Case File Number: Docket Number:
Order Date:
New Jersey Judiciary
Standard Conditions
of Adult Probation
The court, believing that you are capable of living a useful and law-abiding life in the community, has sentenced you to
probation for a period of , beginning . While on probation, you will be under the
supervision of a probation officer. You are required to comply with the conditions of probation listed below.
If there is probable cause to believe that you have committed another offense during your term of probation, the Court may
commit you to jail without bail. If the Court finds that you have violated your probation, it may impose on you any
sentence authorized by law for the offense of which you were originally convicted, up to and including the maximum term
of incarceration.
Standard Conditions
1. You shall obey all federal, state, and municipal laws and ordinances. You shall notify your probation officer if you
are arrested or issued a summons in any jurisdiction.
2. You shall report to your probation officer as directed.
3. You shall answer truthfully all inquiries made by your probation officer.
4. You shall permit your probation officer to visit your residence or any other suitable place.
5. You shall submit at any time to a search conducted by a probation officer, without a warrant, of your person, place of
residence, vehicle, or other personal property.
6. You shall promptly report any change of address or residence to your probation officer. You must obtain permission
from your probation officer if you wish to move outside the county or state. You may not leave the state of New
Jersey for more than 24 hours without permission from your probation officer.
7. You shall cooperate in any medical and/or psychological examinations, tests and/or counseling your probation officer
recommends.
8. You shall submit to drug or alcohol testing at any time, as directed by your probation officer.
9. You shall support your dependents and meet your family responsibilities.
10.You shall seek and maintain gainful employment, and promptly notify your officer when you change your place of
employment or find yourself out of work.
11.You shall not have in your possession any firearm or other dangerous weapon as defined in N.J.S.A. 2C: 39 et seq. If
you possess a permit to purchase a handgun or a firearms purchaser identification card, you must surrender these
documents promptly to your probation officer. In addition, if you presently own any weapons, they must either be
surrendered to your local police department or to any other criminal justice agency designated by your probation
officer.
12.You shall make payments on any fine, penalty assessment, restitution or other financial obligation as provided by
Court order. Failure to comply may result in further Court action, pursuant to N.J.S.A. 2C:46-2b; including
attachment of your wages, filing of a civil judgment, and/or extension of your probation term.
13.You shall provide a DNA sample as a condition of the sentence imposed, pursuant to DNA Database and Databank
Act of 1994, N.J.S.A. 53:1-20.17, et seq. (see L. 1994, c. 136, as amended byL. 2000, c. 118, as amended byL. 2003,
c. 183 effective Sept. 22, 2003) unless you are convicted of a disorderly persons offense or a petty disorderly persons
offense.
Revised: 03/2007, CN: 10973-English page 1 of 2
Standard Conditions of Adult Probation
Probationer Name: Docket Number:
Financial Obligations Ordered
VCCB $ FLF $ Specify other penalties below:
DEDR $ $
Restitution: DAEF $ $
LEOTEF $ $
SNSF $ Fine $
SSANE $
Probation Supervision Fee:
Total Restitution $ $ per month
The Total Amount Ordered is $ . This will be paid at the rate of $ per .
If no payment schedule is established, the total is due forthwith. If the offense occurred on or after February 1, 1993, a
transaction fee of up to $2.00 is to be paid on each occasion when a payment or installment payment is made (N.J.S.A.
2C:46-1d.).
Special Conditions
You must also comply with the following special conditions of probation imposed by the Court in accordance with
N.J.S.A. 2C: 45-1 et seq.:
List other conditions below:
Hours of Community Service
Days in the County Jail
Driver's License Suspended for
Obtain a General Equivalency Diploma (GED)
Complete Court Ordered Treatment Program
Specify Program:
I have received a copy of the rules and conditions of probation which have been read and explained to me. I understand
the above rules and conditions of probation and that they apply to me, and I further understand that failure to comply on
my part constitutes a violation of probation and will cause my return to Court. If I am arrested or detained in any other
state or jurisdiction within the United States while I am on this term of probation, my signature below shall be deemed to
be a waiver of extradition.
Probationer Address:
Probationer Date
Telephone: Date of Birth:
Driver's License Number: Social Security Number
Probation Officer Date
Revised: 03/2007, CN: 10973-English page 2 of 2
Nombre y apellido de la persona bajo libertad a
prueba:
Probationer Name:
Poder Judicial de Nueva Jersey
Condiciones Normales de
Libertad a Prueba de
Case File Number: Docket Number:
Order Date:
New Jersey Judiciary
Standard Conditions
of Adult Probation
The court, believing that you are capable of living a useful and law-abiding life in the community, has sentenced you to
probation for a period of , beginning . While on probation, you will be under the
supervision of a probation officer. You are required to comply with the conditions of probation listed below.
If there is probable cause to believe that you have committed another offense during your term of probation, the Court may
commit you to jail without bail. If the Court finds that you have violated your probation, it may impose on you any
sentence authorized by law for the offense of which you were originally convicted, up to and including the maximum term
of incarceration.
Standard Conditions
1. You shall obey all federal, state, and municipal laws and ordinances. You shall notify your probation officer if you
are arrested or issued a summons in any jurisdiction.
2. You shall report to your probation officer as directed.
3. You shall answer truthfully all inquiries made by your probation officer.
4. You shall permit your probation officer to visit your residence or any other suitable place.
5. You shall submit at any time to a search conducted by a probation officer, without a warrant, of your person, place of
residence, vehicle, or other personal property.
6. You shall promptly report any change of address or residence to your probation officer. You must obtain permission
from your probation officer if you wish to move outside the county or state. You may not leave the state of New
Jersey for more than 24 hours without permission from your probation officer.
7. You shall cooperate in any medical and/or psychological examinations, tests and/or counseling your probation officer
recommends.
8. You shall submit to drug or alcohol testing at any time, as directed by your probation officer.
9. You shall support your dependents and meet your family responsibilities.
10.You shall seek and maintain gainful employment, and promptly notify your officer when you change your place of
employment or find yourself out of work.
11.You shall not have in your possession any firearm or other dangerous weapon as defined in N.J.S.A. 2C: 39 et seq. If
you possess a permit to purchase a handgun or a firearms purchaser identification card, you must surrender these
documents promptly to your probation officer. In addition, if you presently own any weapons, they must either be
surrendered to your local police department or to any other criminal justice agency designated by your probation
officer.
12.You shall make payments on any fine, penalty assessment, restitution or other financial obligation as provided by
Court order. Failure to comply may result in further Court action, pursuant to N.J.S.A. 2C:46-2b; including
attachment of your wages, filing of a civil judgment, and/or extension of your probation term.
13.You shall provide a DNA sample as a condition of the sentence imposed, pursuant to DNA Database and Databank
Act of 1994, N.J.S.A. 53:1-20.17, et seq. (see L. 1994, c. 136, as amended byL. 2000, c. 118, as amended byL. 2003,
c. 183 effective Sept. 22, 2003) unless you are convicted of a disorderly persons offense or a petty disorderly persons
offense.
Revised: 03/2007, CN: 10973-English page 1 of 2
Standard Conditions of Adult Probation
Probationer Name: Docket Number:
Financial Obligations Ordered
VCCB $ FLF $ Specify other penalties below:
DEDR $ $
Restitution: DAEF $ $
LEOTEF $ $
SNSF $ Fine $
SSANE $
Probation Supervision Fee:
Total Restitution $ $ per month
The Total Amount Ordered is $ . This will be paid at the rate of $ per .
If no payment schedule is established, the total is due forthwith. If the offense occurred on or after February 1, 1993, a
transaction fee of up to $2.00 is to be paid on each occasion when a payment or installment payment is made (N.J.S.A.
2C:46-1d.).
Special Conditions
You must also comply with the following special conditions of probation imposed by the Court in accordance with
N.J.S.A. 2C: 45-1 et seq.:
List other conditions below:
Hours of Community Service
Days in the County Jail
Driver's License Suspended for
Obtain a General Equivalency Diploma (GED)
Complete Court Ordered Treatment Program
Specify Program:
I have received a copy of the rules and conditions of probation which have been read and explained to me. I understand
the above rules and conditions of probation and that they apply to me, and I further understand that failure to comply on
my part constitutes a violation of probation and will cause my return to Court. If I am arrested or detained in any other
state or jurisdiction within the United States while I am on this term of probation, my signature below shall be deemed to
be a waiver of extradition.
Probationer Address:
Probationer Date
Telephone: Date of Birth:
Driver's License Number: Social Security Number
Probation Officer Date
Revised: 03/2007, CN: 10973-English page 2 of 2
Nombre y apellido de la persona bajo libertad a
prueba:
Probationer Name:
Poder Judicial de Nueva Jersey
Condiciones Normales de
Libertad a Prueba de
Certification Application for Appointment as Private Prosecutor
New Jersey Judiciary
Certification Application for Appointment as Private Prosecutor
Revised Form Promulgated by Directive #13-08 (10/08/2008), CN 10202-English page 1 of 2
State of New Jersey vs.
Docket Number(s):
Charge(s)
Attorney Information:
Name:
Address:
Telephone Number:
This Certification is supplied to the Superior Court, pursuant to the
provisions of R. 3:23-9(d) and State v. Storm, 141 N.J. 245 (1995) to provide the court and the
prosecutor with all facts that may foreseeably affect the fairness of the proceedings to enable the court
to determine whether I may be appointed as an impartial private prosecutor for
, the complaining witness in the above matter.
1. (Please circle the applicable letter). The complaining witness is:
(a) an individual, (b) a business,
(please describe): or (c) an entity with its own police department (please describe):
2. There is no actual conflict of interest arising from my representation of, and
fee arrangement with, the complaining witness.
Check if correct.
If not, please explain:
3. The prosecutor has elected not to conduct the prosecution.
Check if correct.
If not, please explain:
4. The defendant is or is expected to be represented by
counsel. [YES] [NO] [UNKNOWN]
Notice has been given to defendant’s attorney [YES] [NO]
5. There is no civil litigation, existing or anticipated, between the complaining
witness and the defendant concerning the same or similar facts as are
contained in the complaint. In the event of such civil litigation, I have
informed the complaining witness that neither I nor any member of my firm
will undertake the complaining witness’ representation in that matter.
Check if correct.
If not, please explain:
6. There are no other facts that could reasonably affect the impartiality of the
private prosecutor and the fairness of the proceedings or otherwise create an
appearance of impropriety.
Check if correct.
If not, please explain:
Comments:
Please attach additional sheets if necessary.
CERTIFICATION IN LIEU OF OATH
I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made
by me are willfully false, I am subject to punishment.
Date: Name of Applicant:
Certification Application for Appointment as Private Prosecutor
Revised Form Promulgated by Directive #13-08 (10/08/2008), CN 10202-English page 1 of 2
State of New Jersey vs.
Docket Number(s):
Charge(s)
Attorney Information:
Name:
Address:
Telephone Number:
This Certification is supplied to the Superior Court, pursuant to the
provisions of R. 3:23-9(d) and State v. Storm, 141 N.J. 245 (1995) to provide the court and the
prosecutor with all facts that may foreseeably affect the fairness of the proceedings to enable the court
to determine whether I may be appointed as an impartial private prosecutor for
, the complaining witness in the above matter.
1. (Please circle the applicable letter). The complaining witness is:
(a) an individual, (b) a business,
(please describe): or (c) an entity with its own police department (please describe):
2. There is no actual conflict of interest arising from my representation of, and
fee arrangement with, the complaining witness.
Check if correct.
If not, please explain:
3. The prosecutor has elected not to conduct the prosecution.
Check if correct.
If not, please explain:
4. The defendant is or is expected to be represented by
counsel. [YES] [NO] [UNKNOWN]
Notice has been given to defendant’s attorney [YES] [NO]
5. There is no civil litigation, existing or anticipated, between the complaining
witness and the defendant concerning the same or similar facts as are
contained in the complaint. In the event of such civil litigation, I have
informed the complaining witness that neither I nor any member of my firm
will undertake the complaining witness’ representation in that matter.
Check if correct.
If not, please explain:
6. There are no other facts that could reasonably affect the impartiality of the
private prosecutor and the fairness of the proceedings or otherwise create an
appearance of impropriety.
Check if correct.
If not, please explain:
Comments:
Please attach additional sheets if necessary.
CERTIFICATION IN LIEU OF OATH
I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made
by me are willfully false, I am subject to punishment.
Date: Name of Applicant:
§ 13:51-4.3 Periodic inspection or calibration check of approved instruments
§ 13:51-4.3 Periodic inspection or calibration check of approved instruments
(a) The following concern the periodic inspection of approved photometric instruments:
1. All approved instruments which employ the photometry approved method of chemical breath testing, as set forth in N.J.A.C. 13:51-3.5(a)1, when used in this State in connection with taking of breath samples under the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24b or 12:7-55b, or in connection with the prosecution of a person pursuant to the provisions of N.J.S.A. 39:4-50 et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 12:7-46, 12:7-55 or 2A:4A-23, shall be periodically inspected.
2. The periodic inspections shall be performed by a Breath Test Coordinator/Instructor.
3. The results of each periodic inspection shall be recorded on forms provided by the Superintendent of the Division of State Police.
i. An original, duplicate original, or copy of each periodic inspection shall be maintained by the Division of State Police pursuant to N.J.A.C. 13:51-4.2(a)2.
ii. An original, duplicate original, or copy of each periodic inspection performed under this subsection, of an approved instrument under the custody and control of an organized police department, other than an approved instrument under the custody and control of the Division of State Police, shall be maintained by the organized police department having custody and control of the approved instrument.
(b) The following concern the calibration check, infrared analysis and electrochemical analysis instruments:
1. All approved instruments which employ the infrared analysis and electrochemical analysis approved method of chemical breath testing, as set forth in N.J.A.C. 13:51-3.5(a)2, when used in this State in connection with taking of breath samples under the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24b or 12:7-55b, or in connection with the prosecution of a person pursuant to the provisions of N.J.S.A. 39:4-50 et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 12:7-46, 12:7-55 or 2A:4A-23 shall be subject to a calibration check.
2. A calibration check shall be performed by a Breath Test Coordinator/Instructor.
3. A calibration check shall be performed when an approved instrument:
i. Is initially placed into service;
ii. Is returned to service after repair;
iii. Within 365 days after a calibration check conducted pursuant to (b)3i or ii above; and
iv. Thereafter, within 365 days after any calibration check conducted pursuant to (b)3i, ii, or iii above or after a discretionary calibration check conducted pursuant to (b)4 below.
4. A calibration check may be performed at any time a Breath Test Coordinator/Instructor, in the exercise of his or her discretion, deems a calibration check is necessary or otherwise appropriate.
5. The results of each calibration check shall be recorded on forms and in the manner specified by the Superintendent of the Division of State Police.
i. An original, duplicate original, or copy of each calibration check shall be maintained by the Division of State Police pursuant to N.J.A.C. 13:51-4.2(a)2.
ii. An original, duplicate original, or copy of each calibration check, performed under this subsection, of an approved instrument under the custody and control of an organized police department, other than approved instruments under the custody and control of the Division of State Police, shall be maintained by the organized police department having custody and control of the approved instrument.
HISTORY
HISTORY:
Administrative change.
See: 34 New Jersey Register 306(a).
Chapter Notes
(a) The following concern the periodic inspection of approved photometric instruments:
1. All approved instruments which employ the photometry approved method of chemical breath testing, as set forth in N.J.A.C. 13:51-3.5(a)1, when used in this State in connection with taking of breath samples under the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24b or 12:7-55b, or in connection with the prosecution of a person pursuant to the provisions of N.J.S.A. 39:4-50 et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 12:7-46, 12:7-55 or 2A:4A-23, shall be periodically inspected.
2. The periodic inspections shall be performed by a Breath Test Coordinator/Instructor.
3. The results of each periodic inspection shall be recorded on forms provided by the Superintendent of the Division of State Police.
i. An original, duplicate original, or copy of each periodic inspection shall be maintained by the Division of State Police pursuant to N.J.A.C. 13:51-4.2(a)2.
ii. An original, duplicate original, or copy of each periodic inspection performed under this subsection, of an approved instrument under the custody and control of an organized police department, other than an approved instrument under the custody and control of the Division of State Police, shall be maintained by the organized police department having custody and control of the approved instrument.
(b) The following concern the calibration check, infrared analysis and electrochemical analysis instruments:
1. All approved instruments which employ the infrared analysis and electrochemical analysis approved method of chemical breath testing, as set forth in N.J.A.C. 13:51-3.5(a)2, when used in this State in connection with taking of breath samples under the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24b or 12:7-55b, or in connection with the prosecution of a person pursuant to the provisions of N.J.S.A. 39:4-50 et seq., 39:3-10.13, 39:3-10.20, 39:3-10.24, 12:7-46, 12:7-55 or 2A:4A-23 shall be subject to a calibration check.
2. A calibration check shall be performed by a Breath Test Coordinator/Instructor.
3. A calibration check shall be performed when an approved instrument:
i. Is initially placed into service;
ii. Is returned to service after repair;
iii. Within 365 days after a calibration check conducted pursuant to (b)3i or ii above; and
iv. Thereafter, within 365 days after any calibration check conducted pursuant to (b)3i, ii, or iii above or after a discretionary calibration check conducted pursuant to (b)4 below.
4. A calibration check may be performed at any time a Breath Test Coordinator/Instructor, in the exercise of his or her discretion, deems a calibration check is necessary or otherwise appropriate.
5. The results of each calibration check shall be recorded on forms and in the manner specified by the Superintendent of the Division of State Police.
i. An original, duplicate original, or copy of each calibration check shall be maintained by the Division of State Police pursuant to N.J.A.C. 13:51-4.2(a)2.
ii. An original, duplicate original, or copy of each calibration check, performed under this subsection, of an approved instrument under the custody and control of an organized police department, other than approved instruments under the custody and control of the Division of State Police, shall be maintained by the organized police department having custody and control of the approved instrument.
HISTORY
HISTORY:
Administrative change.
See: 34 New Jersey Register 306(a).
Chapter Notes
§ 13:51-4.2 Administration and records
§ 13:51-4.2 Administration and records
(a) The Division of State Police shall maintain administrative files of records made pursuant to this chapter. These files may be maintained in either a paper or electronic or other form as deemed appropriate by the Superintendent. Administrative files shall include:
1. Documentation of the certification status of all persons currently and previously certified as:
i. A Breath Test Operator, pursuant to N.J.A.C. 13:51-1.6, 1.7, 1.8, 1.9, 1.10 and 1.11; or
ii. A Breath Test Coordinator/Instructor pursuant to N.J.A.C. 13:51-2; and
2. Documentation of periodic inspections or calibration checks of approved instruments pursuant to N.J.A.C. 13:51-4.3.
(b) Persons seeking access to these files must submit a written request to the Criminal Justice Records Bureau, Division of State Police, Division Headquarters, River Road, PO Box 7068, West Trenton, New Jersey 08628-0068. The written request must clearly identify the document or documents for which access is requested and the request must contain the name and mailing address of the person making the request and a telephone number at which the requestor can be contacted, if necessary.
Chapter Notes
(a) The Division of State Police shall maintain administrative files of records made pursuant to this chapter. These files may be maintained in either a paper or electronic or other form as deemed appropriate by the Superintendent. Administrative files shall include:
1. Documentation of the certification status of all persons currently and previously certified as:
i. A Breath Test Operator, pursuant to N.J.A.C. 13:51-1.6, 1.7, 1.8, 1.9, 1.10 and 1.11; or
ii. A Breath Test Coordinator/Instructor pursuant to N.J.A.C. 13:51-2; and
2. Documentation of periodic inspections or calibration checks of approved instruments pursuant to N.J.A.C. 13:51-4.3.
(b) Persons seeking access to these files must submit a written request to the Criminal Justice Records Bureau, Division of State Police, Division Headquarters, River Road, PO Box 7068, West Trenton, New Jersey 08628-0068. The written request must clearly identify the document or documents for which access is requested and the request must contain the name and mailing address of the person making the request and a telephone number at which the requestor can be contacted, if necessary.
Chapter Notes
SUBCHAPTER 4 BREATH TEST INSTRUMENT, GENERAL MAINTENANCE AND ADMINISTRATIVE RECORDKEEPING § 13:51-4.1 Purpose of subchapter
SUBCHAPTER 4 BREATH TEST INSTRUMENT, GENERAL MAINTENANCE AND ADMINISTRATIVE RECORDKEEPING
§ 13:51-4.1 Purpose of subchapter
This subchapter sets forth various procedures for the general maintenance of approved instruments, and related administrative recordkeeping associated with the functions established by this chapter and to the extent as may otherwise be required by law.
§ 13:51-4.1 Purpose of subchapter
This subchapter sets forth various procedures for the general maintenance of approved instruments, and related administrative recordkeeping associated with the functions established by this chapter and to the extent as may otherwise be required by law.
§ 13:51-3.6 Approved methods of operation for the testing of a person’s breath by chemical analysis utilizing an approved instrument
§ 13:51-3.6 Approved methods of operation for the testing of a person’s breath by chemical analysis utilizing an approved instrument
(a) Breathalyzer, Model 900 and Breathalyzer, Model 900A:
1. The Breathalyzer, Model 900 and the Breathalyzer, Model 900A, both being approved instruments, have been demonstrated to contain functional and operational components that are the same or perform the same or similar operations or functions and operate utilizing the same principal or theory of chemical breath analysis and utilize the same chemical compounds interchangeably in the analysis process. The term “Breathalyzer” as utilized in this chapter shall mean both the Breathalyzer, Model 900 and the Breathalyzer, Model 900A.
i. Any operator or Breath Test Coordinator/Instructor whose certificate specifies Breathalyzer is deemed trained and certified on the Breathalyzer, Model 900 and Breathalyzer, Model 900A.
2. A Breathalyzer check list shall be used with this approved instrument. The sole purpose of a check list is to provide a record of the taking of breath samples of a person, consistent with the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24b or 12:7-55b. The Breathalyzer check list is found in the text of the “Alcohol Influence Report Form” incorporated herein by reference as the chapter Appendix.
(b) Dominator Albreath:
1. The Dominator Albreath, being an approved instrument, has been determined to contain operational and functional components that are the same or perform the same or similar operations or functions as the Breathalyzer as described at (a)1 above. It is further determined that this instrument operates upon the same principal or theory as the Breathalyzer and utilizes the same chemical compounds in the analysis process as the Breathalyzer.
2. The check list applicable to the Breathalyzer, as found at (a)2 above, shall also apply to the operation of the Dominator Albreath. The Breathalyzer check list is found in the text of the “Alcohol Influence Report Form” in the chapter Appendix.
(c) Alcotest 7110 MKIII:
1. The Alcotest 7110 MKIII is equipped with an attached printer. The attached printer provides a printed record of the taking of the breath samples of a person and of the results of the chemical analyses of the samples of the breath taken in the form of an Alcohol Influence Report consistent with the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24b or 12:7-55b.
2. A Breath Test Operator shall, consistent with his or her training, employ the following steps or procedures to set-up, operate and conclude the administration of breath tests on the Alcotest 7110 MKIII:
i. Verify the instrument power switch is in the “On” position, the display screen is illuminated, and the calibrating unit power switch is in the “On” position. If the instrument power switch is in the “Off” position, turn the power switch to the “On” position. If the calibrating unit power switch is in the “Off” position, turn the power switch to the “On” position;
ii. When the word “Ready” appears on the display screen, push the Start button to begin the test. If the word “Stand-by” appears on the display screen, then push the Start button and wait for the word “Ready” to appear. When the word “Ready” appears on the display screen, push the Start button to begin the test;
iii. Follow the instructions on the display screen.
HISTORY
HISTORY:
Amended by R.1985 d.441, effective September 3, 1985.
See: 17 New Jersey Register 1531(a), 17 New Jersey Register 2141(b).
Deleted (d).
Correction: (a)2i(3): added “open;".
See: 21 New Jersey Register 171(e).
Amended by R.1999 d.87, effective March 15, 1999.
See: 30 New Jersey Register 4321(a), 31 New Jersey Register 253(b), 31 New Jersey Register 770(b).
In (a), rewrote the introductory paragraph of 2; and rewrote (c).
Amended by R.2001 d.440, effective November 19, 2001.
See: 33 New Jersey Register 3243(a), 33 New Jersey Register 3902(b).
In (a) and (b), rewrote 2; rewrote (c).
CASE NOTES:
State Police Coordinator certifications satisfied the spot checking requirement for admission of breathalyzer readings; production of assay certificates was not required. State v. Maure, 240 N.J.Super. 269, 573 A.2d 186 (A.D.1990), appeal granted 122 N.J. 377, 585 A.2d 382, affirmed 123 N.J. 457, 588 A.2d 383.
Breathalyzers manufactured by purchaser of patent and manufacturing rights did not have to be recertified where prepurchase certification was of breathalyzer and not the manufacturer. State v. Laurick, 231 N.J.Super. 464, 555 A.2d 1133 (A.D.1989), certification granted 117 N.J. 52, 563 A.2d 819, reversed 120 N.J. 1, 575 A.2d 1340, certiorari denied 111 S.Ct. 429, 498 U.S. 967, 112 L.Ed.2d 413.
Testing of breathalyzer machine using a reference ampoule and testing ampoule was not sufficient random testing. State v. Dohme, 229 N.J.Super. 49, 550 A.2d 1232 (A.D.1988).
Right to challenge presumption that breathalyzer ampoules stamped with same batch number are filled from source with constant composition. State v. Dohme, 229 N.J.Super. 49, 550 A.2d 1232 (A.D.1988).
Right of trooper to opine that breathalyzer test results in coordinator‘s certificate were within manufacturer‘s printed tolerances. State v. Dohme, 229 N.J.Super. 49, 550 A.2d 1232 (A.D.1988).
Finding that modified version of breathalyzer came within Attorney General‘s approval of breathalyzer; drunken driving conviction upheld (also citing former N.J.A.C. 13:51-21). State v. Yerkes, 189 N.J.Super. 147, 458 A.2d 1345 (Law Div.1983).
Chapter Notes
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(a) Breathalyzer, Model 900 and Breathalyzer, Model 900A:
1. The Breathalyzer, Model 900 and the Breathalyzer, Model 900A, both being approved instruments, have been demonstrated to contain functional and operational components that are the same or perform the same or similar operations or functions and operate utilizing the same principal or theory of chemical breath analysis and utilize the same chemical compounds interchangeably in the analysis process. The term “Breathalyzer” as utilized in this chapter shall mean both the Breathalyzer, Model 900 and the Breathalyzer, Model 900A.
i. Any operator or Breath Test Coordinator/Instructor whose certificate specifies Breathalyzer is deemed trained and certified on the Breathalyzer, Model 900 and Breathalyzer, Model 900A.
2. A Breathalyzer check list shall be used with this approved instrument. The sole purpose of a check list is to provide a record of the taking of breath samples of a person, consistent with the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24b or 12:7-55b. The Breathalyzer check list is found in the text of the “Alcohol Influence Report Form” incorporated herein by reference as the chapter Appendix.
(b) Dominator Albreath:
1. The Dominator Albreath, being an approved instrument, has been determined to contain operational and functional components that are the same or perform the same or similar operations or functions as the Breathalyzer as described at (a)1 above. It is further determined that this instrument operates upon the same principal or theory as the Breathalyzer and utilizes the same chemical compounds in the analysis process as the Breathalyzer.
2. The check list applicable to the Breathalyzer, as found at (a)2 above, shall also apply to the operation of the Dominator Albreath. The Breathalyzer check list is found in the text of the “Alcohol Influence Report Form” in the chapter Appendix.
(c) Alcotest 7110 MKIII:
1. The Alcotest 7110 MKIII is equipped with an attached printer. The attached printer provides a printed record of the taking of the breath samples of a person and of the results of the chemical analyses of the samples of the breath taken in the form of an Alcohol Influence Report consistent with the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24b or 12:7-55b.
2. A Breath Test Operator shall, consistent with his or her training, employ the following steps or procedures to set-up, operate and conclude the administration of breath tests on the Alcotest 7110 MKIII:
i. Verify the instrument power switch is in the “On” position, the display screen is illuminated, and the calibrating unit power switch is in the “On” position. If the instrument power switch is in the “Off” position, turn the power switch to the “On” position. If the calibrating unit power switch is in the “Off” position, turn the power switch to the “On” position;
ii. When the word “Ready” appears on the display screen, push the Start button to begin the test. If the word “Stand-by” appears on the display screen, then push the Start button and wait for the word “Ready” to appear. When the word “Ready” appears on the display screen, push the Start button to begin the test;
iii. Follow the instructions on the display screen.
HISTORY
HISTORY:
Amended by R.1985 d.441, effective September 3, 1985.
See: 17 New Jersey Register 1531(a), 17 New Jersey Register 2141(b).
Deleted (d).
Correction: (a)2i(3): added “open;".
See: 21 New Jersey Register 171(e).
Amended by R.1999 d.87, effective March 15, 1999.
See: 30 New Jersey Register 4321(a), 31 New Jersey Register 253(b), 31 New Jersey Register 770(b).
In (a), rewrote the introductory paragraph of 2; and rewrote (c).
Amended by R.2001 d.440, effective November 19, 2001.
See: 33 New Jersey Register 3243(a), 33 New Jersey Register 3902(b).
In (a) and (b), rewrote 2; rewrote (c).
CASE NOTES:
State Police Coordinator certifications satisfied the spot checking requirement for admission of breathalyzer readings; production of assay certificates was not required. State v. Maure, 240 N.J.Super. 269, 573 A.2d 186 (A.D.1990), appeal granted 122 N.J. 377, 585 A.2d 382, affirmed 123 N.J. 457, 588 A.2d 383.
Breathalyzers manufactured by purchaser of patent and manufacturing rights did not have to be recertified where prepurchase certification was of breathalyzer and not the manufacturer. State v. Laurick, 231 N.J.Super. 464, 555 A.2d 1133 (A.D.1989), certification granted 117 N.J. 52, 563 A.2d 819, reversed 120 N.J. 1, 575 A.2d 1340, certiorari denied 111 S.Ct. 429, 498 U.S. 967, 112 L.Ed.2d 413.
Testing of breathalyzer machine using a reference ampoule and testing ampoule was not sufficient random testing. State v. Dohme, 229 N.J.Super. 49, 550 A.2d 1232 (A.D.1988).
Right to challenge presumption that breathalyzer ampoules stamped with same batch number are filled from source with constant composition. State v. Dohme, 229 N.J.Super. 49, 550 A.2d 1232 (A.D.1988).
Right of trooper to opine that breathalyzer test results in coordinator‘s certificate were within manufacturer‘s printed tolerances. State v. Dohme, 229 N.J.Super. 49, 550 A.2d 1232 (A.D.1988).
Finding that modified version of breathalyzer came within Attorney General‘s approval of breathalyzer; drunken driving conviction upheld (also citing former N.J.A.C. 13:51-21). State v. Yerkes, 189 N.J.Super. 147, 458 A.2d 1345 (Law Div.1983).
Chapter Notes
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