STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman ANTWAN L. MCCLELLAN
District 1 (Atlantic, Cape May and Cumberland)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblymen Simonsen, Torrissi, Clifton, Assemblywoman Flynn, Assemblymen McGuckin and Kanitra
SYNOPSIS
Permits designation of special event zones for traffic regulation purposes during certain large events.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning traffic regulation, supplementing Title 39 of the Revised Statutes, and amending R.S.39:4-197.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in this section:
Commissioner means the Commissioner of Transportation.
Department means the Department of Transportation.
Exhibition driving means: (1) the operation of a motor vehicle in a manner that results in (a) the excessive, abrupt acceleration or deceleration of the motor vehicle; (b) the skidding, squealing, burning, or smoking of the tires of the motor vehicle; (c) the swerving or swaying of the motor vehicle from side to side while skidding; (d) the engine of the motor vehicle producing an unreasonably loud, raucous, or disturbing noise; (e) the grinding of the gears of the motor vehicle or the backfiring of the engine of the motor vehicle; or (f) any of the wheels of the motor vehicle losing contact with the ground; or (2) the transportation of a passenger on or in an area of a motor vehicle that is not designed or intended for passenger transport, such as the hood or roof of the motor vehicle.
Special event means any automotive or motor vehicle event occurring on or near a roadway, which event either has been approved by the county or municipality in which the event is located, or is expected to have 25 or more persons in attendance.
b. (1) When a special event occurs, or is expected to occur, on or near any roadway under the jurisdiction of the department, the commissioner may designate all or part of the roadway, including any parking structures or other property located within the designated area, as a special event zone. Notwithstanding any provision of law to the contrary, the commissioner may reduce the established speed limitations on any roadways within the special event zone after determining that the reduction is necessary to ensure public safety during the special event.
(2) When a special event occurs, or is expected to occur, on or near any roadway under the jurisdiction of a municipality, the governing body of the municipality may designate all or part of the roadway, including any parking structures or other property located within the designated area, as a special event zone. Notwithstanding any provision of law to the contrary, the governing body of the municipality may reduce the established speed limitations on any roadways within the special event zone after determining that the reduction is necessary to ensure public safety during the special event.
(3) When a special event occurs, or is expected to occur, on or near any roadway under the jurisdiction of a county, the board of county commissioners of the county may designate all or part of the roadway, including any parking structures or other property located within the designated area, as a special event zone. Notwithstanding any provision of law to the contrary, the board of county commissioners of the county may reduce the established speed limitations on any roadways within the special event zone after determining that the alteration is necessary to ensure public safety during the special event.
c. (1) A reduced speed limitation established pursuant to subsection b. of this section shall become effective when posted, except that the speed limitation shall only be effective when the special event zone remains in effect. A person who operates a motor vehicle in excess of the reduced speed limitation shall be deemed to violate the provisions of R.S.39:4-98, except that in addition to any other penalties that may be imposed for such offense, the person shall be subject to the fine amount set forth in subsection e. of this section.
(2) A person shall not engage in exhibition driving within a special event zone.
d. A special event zone designated pursuant to this section shall remain in effect for the duration of the special event, and including a reasonable period of time before and after the special event. While the special event zone remains in effect, the department, municipality, or county, as applicable, shall maintain appropriate signage on or along the special event zone. At a minimum, the signage shall indicate:
(1) the period of time in which the special event zone shall remain in effect;
(2) any reduced speed limitation established within the special event zone, if applicable;
(3) that exhibition driving shall be prohibited within the special event zone; and
(4) that a person shall be subject to increased penalties for certain traffic offenses occurring within the special event zone.
e. (1) Notwithstanding any provision of law to the contrary, a person shall be subject to a fine not exceeding $1,000 for any of the following offenses occurring within a special event zone:
(a) a violation of R.S.39:4-98, including any violation of paragraph (1) of subsection c. of this section;
(b) a violation of R.S.39:4-97; and
(c) a violation of R.S.39:4-52.
(2) Notwithstanding any provision of law to the contrary, a person shall be subject to a fine not exceeding $1,000, a term of imprisonment not exceeding 60 days, or both, for any of the following offenses occurring within a special event zone:
(a) a violation of paragraph (2) of subsection c. of this section; and
(b) a violation of R.S.39:4-96.
2. The Department of Transportation may adopt, pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement the provisions of this act.
3. R.S.39:4-197 is amended to read as follows:
39:4-197. Except as otherwise provided in R.S.39:4-8, no municipality shall pass an ordinance or resolution on a matter covered by or which alters or in any way nullifies the provisions of this chapter or any supplement to this chapter; except that a municipality may pass, without the approval of the commissioner, and consistent with the current standards prescribed by the Manual on Uniform Traffic Control Devices for Streets and Highways, ordinances or resolutions, or by ordinances or resolutions may authorize the adoption of regulations by the board, body, or official having control of traffic in the public streets, regulating special conditions existent in the municipality on the subjects and within the limitations following:
(1) Ordinance:
a. Altering speed limitations as provided in R.S.39:4-98;
b. Limiting use of streets to certain class of vehicles, except that nothing in this