Proposed Bicycle Related Revisions NJ Title 39

Proposed Bicycle Related Revisions to NJ Title 39

August 25, 2009 Revision

May 6, 2009 Revision (only the first 6 items reviewed on this date)

March 11, 2009 Revision (only the first 6 items reviewed on this date)

1. NJ Provision - 39:4-14.5. Bicycle defined.

As used in this act "bicycle" means any two-wheeled vehicle having a rear drive wheel which is solely human-powered and having a seat height of 25 inches or greater when the seat is in the lowest adjustable position.

August 25, 2009 Revision –

As used in this act, “bicycle” means any two-wheeled vehicle having a rear drive wheel which is solely human-powered and having a seat height of 25 inches or greater when the seat is in the lowest adjustable position a pedal-cycle upon which any person may ride, propelled primarily by human power through a belt, chain or gears and having at least two wheels.

Also to be included in this definition shall be “low-speed electric bicycles” which defined by the Federal Consumer Product Safety (Public Law 107-319, 116 Stat. 2776 (the Act), enacted December 4, 2002) as “a two-or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 hp), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.”

May 6, 2009 Revision –

As used in this act, “bicycle” means any two-wheeled vehicle having a rear drive wheel which is solely human-powered and having a seat height of 25 inches or greater when the seat is in the lowest adjustable position a pedal-cycle upon which any person may ride, propelled primarily by human power through a belt, chain or gears and having at least two wheels.

Note – Electric Assist Bicycles and Racing Wheelchairs should be defined separately along with any other Special Vehicles.

March 11, 2009 Revision –

As used in this act, “bicycle” means a device upon which any person may ride, propelled primarily by human power through a belt chain and having at least two wheels in a tandem or tricycle arrangement.

1 Note – This is a slightly modified version of the California definition. This use of the word “primarily” vs. “exclusively” was used to include the possibility of motor (electric) assisted bicycles. This may be reversed back to exclusively if motor assisted bicycles are addressed in a separate statute. Also the phrase “at least two wheels” replaces “either two or three wheels” so to be more inclusive of cargo bicycles, velomobiles and bicycles with attached trailers.

2. NJ Provision - 39:4-14.1 Rights, duties of bicycle riders on roadways, exemptions.

a. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by chapter four of Title 39 of the Revised Statutes and all supplements thereto except as to those provisions thereof which by their nature can have no application.

Regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.

b. A law enforcement officer operating a bicycle while in the performance of his duty, and who is engaged in the apprehension of violators of the law or of persons charged with, or suspected of, a violation shall not be subject to the provisions of this section.

May 6, 2009 Revision – In addition to keeping the above language, it was decided that the below language related to sidewalk riding should be added with the following edits of the March 11, 2009 additions.

RIDING ON SIDEWALKS (a) Pedestrians have the right of way on all sidewalks and crosswalks. The operator of a bicycle shall yield to pedestrians in all traffic situations. (b) (May already be covered by “Due Care Provision”) The operator of a bicycle shall ride at a speed no greater than an ordinary walk when on a sidewalk or when entering or leaving a sidewalk. (c) (This language is vague. Possibly better with strikethrough section omitted.)The operator of a bicycle shall give an audible warning before passing a pedestrian far enough in advance to allow the pedestrian time to react. (d) No one shall operate a bicycle on a sidewalk in a manner that endangers or would be likely to endanger any person or property. (e) The operator of a bicycle shall comply with all Federal, State and local regulations concerning lighting and helmet use as they apply to roadways when riding on a sidewalk. (f) Nothing within this statute shall prevent municipalities from enacting ordinances that prohibits the operation of bicycles on sidewalks within certain districts inside their specific jurisdiction nor does it prevent municipalities from making exceptions to such potential ordinances based on the age of the bicycle operator with approval of the commissioner

Note –

2 See Section 8, August 25, 2009 Revision, last paragraph for language clarifying bicyclist use of the shoulder.

March 11, 2009 Revision – In addition to keeping the above language, it was decided that the below language related to sidewalk riding should be added.

RIDING ON SIDEWALKS (a) Pedestrians have the right of way on all sidewalks. The operator of a bicycle shall yield to pedestrians in all traffic situations. (b) The operator of a bicycle shall ride at a speed no greater than an ordinary walk when on a sidewalk or when entering or leaving a sidewalk. (c) The operator of a bicycle shall give an audible warning before passing a pedestrian far enough in advance to allow the pedestrian time to react. (d) No one shall operate a bicycle on a sidewalk in a manner that endangers or would be likely to endanger any person or property. (e) The operator of a bicycle shall comply with all Federal, State and local regulations concerning lighting and helmet use as they apply to roadways when riding on a sidewalk. (f) Nothing within this statute shall prevent municipalities from enacting ordinances that prohibits the operation of bicycles on sidewalks within certain districts inside their specific jurisdiction nor does it prevent municipalities from making exceptions to such potential ordinances based on the age of the bicycle operator.

Note – This language was taken from the Cambridge Massachusetts ordinance and then modified to best suit a statewide application. Subsections “a” through “e” are taken verbatim from the Cambridge ordinance. Subsection “f” was added to allow and clarify the status quo in New Jersey that allows municipalities from banning bicycle operation on sidewalks typically in central business districts. It also address the practice of making exceptions to these bicycle sidewalk prohibitions based on the age of the cyclists (i.e. allowing small children to still ride on sidewalks).

3. NJ Provision - 39:4-10. Lights and reflectors on bicycles

Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front, and with a lamp on the rear which shall emit a red light visible from a distance of at least five hundred feet to the rear. In addition to the red lamp, a red reflector may be mounted on the rear, of a type approved by the division which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.

3 March 11, 2009 Revision – In addition to keeping the above language, it was decided that the below clarifying language related to required use of lights should be added.

Lighting equipment must be used during limited visibility conditions as defined by “When lighted lamps are required” under 39:3-46.

Note – The conditions "When lighted lamps are required" are defined by 39:3-46 as:  at any time from a half-hour after sunset to a half-hour before sunrise;  whenever rain, mist, snow or other precipitation or atmospheric moisture requires the use of windshield wipers by motorists;  and during any time when, due to smoke, fog, unfavorable atmospheric conditions or for any other cause there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead.

4. NJ Provision - 39:4-11. Audible signal

No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.

Amended by L.1951, c. 23, p. 70, s. 12.

Revision – The subcommittee members in attendance could not reach a consensus as to whether the bell mandate should be eliminated, therefore there are no proposed revisions to this statute at this time.

5. NJ Provision - 39:4-11.1. Brake required

Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

March 11, 2009 Revision –

Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

No person shall operate a bicycle on a roadway unless it is equipped with a brake which will enable the operator to make one braked wheel skid on dry, level, clean pavement

4 and/ or enable its rider to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement (30 feet from a speed of 15 miles per hour).

Note – Subcommittee members did not reach a consensus on revising this statute, though all agreed that the current language should be changed. The above proposed revision merges California’s “one braked wheel skid” requirement with an “and/or” combination “stopping distance, at a set speed requirement” of Florida with the more demanding standard of Cambridge Massachusetts in parentheses.

6. NJ Provision - 39:4-12. Position of hands and feet; carrying another person

A person propelling or riding on a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, nor shall he ride with his feet removed from the pedals, or with both hands removed from the handlebars, nor shall he practice any trick or fancy riding in a street. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

Amended by L.1951, c. 23, p. 70, s. 13.

Revision – There are no proposed revisions for this statute.

7. NJ Provision - 39:4-14. Hitching on vehicles prohibited

No person riding upon any bicycle, coaster, skates, sled, or toy vehicle shall attach the same or himself to any streetcar or vehicle upon a roadway and no operator of any streetcar or vehicle shall knowingly allow any person riding upon any bicycle, coaster, skates, sled or toy vehicle to attach the same or himself to the streetcar or vehicle.

Amended by L.1951, c. 23, p. 71, s. 14.

No person riding upon any bicycle, coaster, skates, sled, or toy vehicle shall attach the same or himself to any streetcar or vehicle upon a roadway and no operator of any streetcar or vehicle shall knowingly allow any person riding upon any bicycle, coaster,

5 skates, sled or toy vehicle to attach the same or himself to the streetcar or vehicle.

This subsection does not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle. Only commercially available bicycle trailers or semitrailers designed specifically for the conveyance of human passengers shall be used for the conveyance of human passengers and only when properly attached to a bicycle.

Note – The language in the second paragraph was adapted from the Florida Vehicle Code and was added to clarify that the use of bicycle trailers, properly attached to a bicycle is indeed legal. The second sentence in the second paragraph is a modification of the Florida language so to allow for freedom for private citizens to create there own bicycle trailers for the transportation of goods but puts restrictions on what trailers can be used for the conveyance of human passengers (i.e. children).

8. NJ Provision -39:4-14.2. Keeping to right; exceptions; single file

Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction; provided, however, that any person may move to the left under any of the following situations:

(a) to make a left turn from a left-turn lane or pocket;

(b) to avoid debris, drains or other hazardous conditions that make it impracticable to ride at the right side of the roadway;

(c) to pass a slower moving vehicle;

(d) to occupy any available lane when traveling at the same speed as other traffic;

(e) to travel no more than two abreast when traffic is not impeded.

Persons riding bicycles upon a roadway may travel no more than two abreast when

6 traffic is not impeded, but otherwise shall ride in single file except on paths or parts of roadways set aside for the exclusive use of bicycles.

Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction; provided, however, that any person may move to the left under any of the following situations: at a speed less than the normal speed of traffic moving in the same direction at that time and place shall drive on the right portion of the way as far as practicable except when it is unsafe to do so or:

(a)to make a left turn from a left-turn lane or pocket; when preparing for or making a left turn at an intersection or into a private road or driveway;

(b)to avoid debris, drains or other hazardous conditions that make it impracticable to ride at the right side of the roadway; when necessary to avoid hazardous conditions, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, broken pavement, glass, sand, puddles, ice, surface hazards or opening doors from parallel-parked vehicles (or any door from a parallel-parked vehicle that has the potential to open), or a lane of substandard width that makes it unsafe to continue along the right portion of the way. For purposes of this paragraph, "lane of substandard width" means a lane that is too narrow for a bicycle and a vehicle to travel safely side by side in the lane;

(c) to pass a slower moving vehicle; when overtaking and passing another bicycle or other vehicle proceeding in the same direction;

(d) when proceeding straight in a place where right turns are permitted;

(e)to occupy any available lane when traveling at the same speed as other traffic; and

(f) to travel no more than two abreast when traffic is not impeded.

Nothing in this section shall require nor restrict a person from operating a bicycle on paved shoulders.

Note – The language from the first 5 paragraphs is taken nearly verbatim from the new Maine Law that was enacted in 2007. The 6th and 7th paragraphs (subsections “e” and “f”) and the 8th paragraph are carried over verbatim from the prior NJ statute.

The 9th paragraph regarding and clarifying the operation of bicycles on roadway shoulders was adapted from Maine’s MVC from language last amended in 2001. This last paragraph was added by the editor and not discussed by the entire subcommittee and as such will require further discussion.

7 9. NJ Provision – 39:4-14.3 Regulation relative to motorized bicycles

2. a. Motorized bicycles shall not be operated upon interstate highways or upon public highways divided by a grass or concrete median or highways with posted speed limits in excess of 50 miles per hour or upon the railroad or right-of-way of an operating railroad within the State of New Jersey or upon any public land where expressly prohibited by the governing body, department or agency having jurisdiction thereof.

The commissioner is authorized to adopt regulations either prohibiting the operation of motorized bicycles on any public road or highway with a speed limit in excess of 40 miles per hour, which in his discretion are hazardous for the operation of motorized bicycles or permitting the operation of motorized bicycles on any public road or highway, upon which the operation of motorized bicycles is otherwise prohibited by the provisions of this section, which in his discretion are safe for the operation of motorized bicycles. In no case, however, shall the commissioner adopt a regulation permitting motorized bicycles to be operated on any highway with a posted speed in excess of 50 miles per hour.

Comments The committee also decided to add to the definition of bicycle, the CPSC definition of a “low-speed electric bicycle”, which is as follows:

“low-speed electric bicycle'' means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph. Public Law 107-319, section 1, 116 Stat. 2776.

10. NJ Provision - 39:4-81 Traffic signals, observance; rule at non-operational signals.

a. The driver of every vehicle, the motorman of every street car and every pedestrian shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer.

b. When, by reason of a power failure or other malfunction, a traffic control signal at an intersection is not illuminated, the driver of a vehicle or street car shall, with respect to that intersection, observe the requirement for a stop intersection, as provided in R.S.39:4-144.

Amended 1951, c.23, s.40; 2004, c.92.

8 August 25, 2009 Revision –

a. The driver of every vehicle, the motorman of every street car and every pedestrian shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer.

b. When, by reason of a power failure or other malfunction, a traffic control signal at an intersection is not illuminated, the driver of a vehicle or street car shall, with respect to that intersection, observe the requirement for a stop intersection, The driver of a vehicle or street car approaching an intersection that has an official traffic control signal that is inoperative shall bring the vehicle to a complete stop before entering the intersection and may proceed with caution only when it is safe to do so, as provided in R.S.39:4-144. Signals which do not change are inoperative.

Note – The proposed new language for section b comes from Arizona Statute §28-645 “Traffic control signal legend” Section C. It has been modified by carrying over the language about street cars and the reference to NJ Provision 39:4-144.

9 11. NJ Provision - 39:4-117. Special pedestrian interval

A special pedestrian interval may be provided when approved by the director at intersections where traffic is controlled by traffic control signals.

When a special pedestrian interval is incorporated in the operation of a traffic control signal and signified by means of an approved indication, pedestrians shall cross the roadway only when the indication is illuminated, and vehicles and street cars shall stop and remain standing until the green is shown alone.

Amended by L.1951, c. 23, p. 89, s. 59.

A special pedestrian interval may be provided when approved by the director at intersections where traffic is controlled by traffic control signals.

When a special pedestrian interval is incorporated in the operation of a traffic control signal and signified by means of an approved indication, pedestrians shall cross the roadway only when the indication is illuminated, and vehicles and street cars shall stop and remain standing until the green is shown alone.

Nothing in this section shall restrict the use of a special signal interval for bicycle users.

10 12. NJ Provision - 39:4-126. Signaling before starting, turning or stopping

No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 39:4-123, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway, or start or back a vehicle unless and until such movement can be made with safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.

A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.

No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear.

The signal herein required shall be given either by means of the hand and arm in the manner herein specified, or by an approved mechanical or electrical signal device, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible, both to front and rear, the signal shall be given by a device of a type which has been approved by the division.

When the signal is given by means of the hand and arm, the driver shall indicate his intention to stop or turn by extending the hand and arm from and beyond the left side of the vehicle in the following manner and such signals shall indicate as follows:

(a) Left turn.-- Hand and arm extended horizontally.

(b) Right turn.-- Hand and arm extended upward.

(c) Stop or decrease speed.-- Hand and arm extended downward.

Amended by L.1951, c. 23, p. 92, s. 67; L.1956, c. 107, p. 485, s. 2.

No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 39:4-123, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway, or start or back a vehicle unless and until such movement can be made with safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.

A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.

No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear.

The signal herein required shall be given either by means of the hand and arm in the 11 manner herein specified, or by an approved mechanical or electrical signal device, except that when a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible, both to front and rear, the signal shall be given by a device of a type which has been approved by the division.

When the signal is given by means of the hand and arm, the driver shall indicate his intention to stop or turn by extending the hand and arm from and beyond the left side of the vehicle in the following manner and such signals shall indicate as follows:

(a) Left turn.-- Hand and arm extended horizontally.

(b) Right turn.-- Hand and arm extended upward. The operator of a bicycle may also indicate a right turn with the right hand and arm extended horizontally.

(c) Stop or decrease speed.-- Hand and arm extended downward.

The operator of a bicycle shall signal his intention to stop or turn not less than the last 50 feet traveled by the bicycle before turning, provided, however, that signals need not be made continuously, and shall not be made when both hands are needed for the safe operation of the bicycle.

Note –The amendment to this provision in the final paragraph was taken from Massachusetts Statute, Chapter 85, Section 11B, amended in January, 2009. The underlined section was inserted into the Massachusetts language to address the concerns of this committee that 100 feet may be too far for a bicyclist to have to signal for safe operation of the bicycle due to the inherently slower speeds bicycles travel. The language in this underlined section was taken from the second paragraph of the existing NJ Provision - 39:4-126.

12 13. NJ Provision - Following, Overtaking and Passing

39:4-85. Passing to left when overtaking; passing when in lines; signaling to pass; passing upon right

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.

The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.

The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

Amended by L.1951, c. 23, p. 82, s. 45.

39:4-86. Overtaking and passing vehicles; crossing "No Passing" lines

The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be made in safety.

The driver of a vehicle shall not drive to the left of the center of a highway in order to overtake and pass another vehicle proceeding in the same direction upon the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed within a distance of five hundred feet.

Except when otherwise directed by a duly constituted traffic or police officer or when the lane in which he is operating is obstructed and impassable, the driver of a vehicle shall not cross an appropriately marked "No Passing" line in a "No Passing" zone duly established pursuant to a duly promulgated regulation of the State Highway Commissioner or an ordinance or resolution duly adopted by a municipal governing body or a board of chosen freeholders, whichever has jurisdiction over the highway.

Amended by L.1948, c. 170, p. 912, s. 3; L.1951, c. 23, p. 82, s. 46.

13 39:4-87. Overtaken vehicle to give way

The driver of a vehicle on a highway, about to be overtaken and passed by another vehicle, approaching from the rear, shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

August 25, 2009 Submission –

Passing bicycle.

An operator of a motor vehicle that is passing a bicycle proceeding in the same direction shall exercise due care by leaving a distance between the motor vehicle and the bicycle of not less than 3 feet while the motor vehicle is passing the bicycle. A motor vehicle operator may pass a bicycle traveling in the same direction in a no-passing zone only when it is safe to do so.

It shall not be a defense for any motorist causing an accident with a bicycle that the bicycle was to the right of auto traffic. & If it is not possible to overtake a bicycle or other vehicle at a safe distance in the same lane, the overtaking vehicle shall use all or part of an adjacent lane if it is safe to do so, or wait for a safe opportunity to overtake. [

No person operating a vehicle that overtakes and passes a bicyclist proceeding in the same direction shall make a right turn at an intersection or driveway unless the turn can be made at a safe distance and at a reasonable and proper speed. & No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, including bicyclists and pedestrians. Whoever violates the proceeding sentence shall be punished by a fine of not more than $100.

Comments

August 25, 2009 –

The language in the first paragraph of the revision is taken verbatim from Maine - 2007, c. 400, §8 (NEW). The language in the second and third paragraphs is taken verbatim from Massachusetts - 2009, Chapter 89, Section 2. The language in the final two paragraphs is taken verbatim from Massachusetts - 2009, Chapter 90, Section 14.

14. Vulnerable Users Law

Comments

14 August 25, 2009 – Not covered due to time constraints.