carmalt eval nj sts bike walk

EVALUATION OF NEW JERSEY STATUTES AFFECTING BICYCLING AND WALKING

TPI PEDESTRIAN AND BICYCLE RESEARCH PROJECT

Prepared for the Voorhees Transportation Policy Institute

Pedestrian & Bicycle Resource Project

by Charles R. Carmalt PP/AICP Transportation Planner & Traffic Analyst

Lawrenceville, NJ 08648

Final Report

March 2002

CHARLES R CARMALT, PP/AICP TRANSPORTATION PLANNING AND TRAFFIC ANALYSIS

Table of Contents 1. Methodology....................................................................................................................... 3 2. Findings............................................................................................................................... 4

2.1 Codification of statutes affecting bicycling and walking ....................................... 4 2.2 General findings on traffic statutes ......................................................................... 5 2.2.1 Problems with archaic structure.............................................................................. 5 2.2.2 Organization of statutes .......................................................................................... 5 2.3 Terminology............................................................................................................ 5 2.4 Identify statutes that regulate bicycle and pedestrian travel ................................... 6 2.4.1 Definitions............................................................................................................... 6 2.4.2 Bicycle statutes ....................................................................................................... 7 2.4.3 Statutes pertaining to skateboards, roller skates and “roller skates” ...................... 7 2.4.4 Statutes pertaining to motorized bicycles ............................................................... 7 2.4.5 Statutes pertaining to pedestrians............................................................................ 7 2.5 Statutes pertaining to school safety......................................................................... 9 2.6 Statutes pertaining to accident data collection...................................................... 10 2.7 Statutes associated with traffic calming................................................................ 10 2.8 Determine how existing state statutes conform to accepted standards regarding

bicycle and pedestrian mobility and safety........................................................... 10 2.8.1 Bicycle statutes in relation to Uniform Vehicle Code .......................................... 10 2.8.2 Statutes that require clarification regarding bicycle rules of the road .................. 12 2.8.3 Statutory issues with legislation affecting pedestrians ......................................... 14 2.8.4 Additional Issues................................................................................................... 14

3. Recommendations............................................................................................................. 17 3.1 Bicycle Issues........................................................................................................ 17 3.1.1 Definition of a bicycle .......................................................................................... 17 3.1.2 Lights and reflectors ............................................................................................. 17 3.1.3 Bicycle helmets..................................................................................................... 18 3.1.4 Practicing tricks or fancy riding............................................................................ 18 3.1.5 Left turns by persons operating bicycles .............................................................. 18 3.1.6 Protection against dooring .................................................................................... 18 3.1.7 Right-turn lanes..................................................................................................... 18 3.1.8 Alternative method for bicycles to make left turns............................................... 18 3.1.9 Use of shoulder ..................................................................................................... 19 3.1.10 Use of horns .......................................................................................................... 19 3.1.11 Passing a bicycle, other slow moving vehicle or horse in a “No Passing” zone. . 20 3.1.12 Contra-flow lanes on one-way streets................................................................... 21 3.1.13 Bicycle parking ..................................................................................................... 21 3.1.14 Accommodating bicycles...................................................................................... 22 3.1.15 Encouraging bicycles ............................................................................................ 23 3.1.16 Liability................................................................................................................. 23 3.1.17 Impact of parked cars on moving vehicles including bicycles ............................. 23 3.2 Pedestrian issues ................................................................................................... 24 3.2.1 Definition of pedestrian ........................................................................................ 24 3.2.2 Safe opportunities for pedestrian crossings .......................................................... 24 3.2.3 Safety zones .......................................................................................................... 24

Evaluation of New Jersey Statutes Affecting Bicycling and Walking With Suggestions for Statute Modifications or Additions Page 2

3.2.4 Crossing distances................................................................................................. 25 3.2.5 Meaning of crosswalks ......................................................................................... 25 3.2.6 Define local streets................................................................................................ 25 3.2.7 Pedestrian crossings at locations not controlled by a police officer or a traffic

control signal......................................................................................................... 25 3.2.8 Pedestrian crossing of highway with roadways separated by a medial barrier..... 26 3.2.9 Provisions for pedestrian crossings....................................................................... 26 3.2.10 Pedestrians traveling along highways other than local streets.............................. 26 3.2.11 Pedestrian use of local streets ............................................................................... 27 3.2.12 Play streets ............................................................................................................ 28 3.2.13 Speed limits – C. 39:4-98...................................................................................... 28 3.2.14 Traffic signal poles not to block pedestrians ........................................................ 28 3.2.15 Traffic signs and utility poles ............................................................................... 29 3.2.16 Compliance with ADA pedestrian rights-of-way ................................................. 29 3.2.17 Pedestrian access to and through commercial properties fronting on a highway . 29 3.3 Traffic Calming..................................................................................................... 30 3.3.1 Traffic calming devices......................................................................................... 30 3.3.2 Curb extensions..................................................................................................... 30 3.3.3 Local improvements.............................................................................................. 30 3.3.4 Angled parking...................................................................................................... 31

Evaluation of New Jersey Statutes Affecting Bicycling and Walking

With Suggestions for Statute Modifications or Additions

This project was undertaken to: • Determine how existing statutes treat bicycling and walking in New Jersey • Recommend either modifications of existing statutes or propose new statutes that could

improve walking and bicycling in the state This report presents findings and recommendations from the study. The information is presented in the following order:

1. Methodology used to conduct the study,

2. Findings of the research – a comparison of existing state statutes with national standards and a discussion of how the state statutes could be improved to increase bicycle or pedestrian safety or to encourage greater bicycling and pedestrian activity.

3. Recommendations for specific statutory changes that the Department and the Legislature could consider to improve the highways of New Jersey for persons who bicycle or walk. In some cases statutory language is proposed; in others, the nature of the recommended change is discussed.

1. Methodology In conducting this research, first a keyword search of the New Jersey Statutes was conducted using Lexus/Nexus and West Law. Keywords used for the search included:

pedestrian crosswalk pedestrian and school walking bicycle bicycle and school

Statutes identified through this search were summarized and classified in terms of being statutes affecting walking, bicycling, school safety or accident reporting. Case law involving the identified statutes was reviewed. The information developed through this process was assembled into an Excel worksheet for use in future analysis.

In addition, the following state and national publications were reviewed in order to determine how New Jersey statutes reflected state and national standards and guidelines.

Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration, 2000 Uniform Vehicle Code (UVC), National Committee on Uniform Traffic Laws & Ordinances, 2000 Guide for the Development of Bicycle Facilities, AASHTO, 1999 Policy on Geometric Design of Highways and Streets, AASHTO, 1994 Designing Sidewalks and Trails for Access – Best Practices Design Guide, FHWA, 2001 Pedestrian Compatible Planning and Design Guidelines, NJDOT, April 1996 Bicycle Compatible Planning and Design Guidelines, NJDOT, April 1996

While this study was being undertaken, the Federal Highway Safety Administration released a database that compared state bicycle and pedestrian statutes with applicable sections of the Uniform Vehicle Code. That database proved useful in conducting the current project.


2. Findings 2.1 Codification of statutes affecting bicycling and walking The principal New Jersey statutes affecting bicycling and walking are located in the following titles:

Title 13 Conservation and Development – Parks and Reservations Chapter 8 Includes the New Jersey Trails System Act

Title 27 Highways Chapter 1A

Chapter 4 Chapter 5F Chapter 5F

Chapter 7 Chapter 12 Chapter 16 Chapter 19 Chapter 22

Powers of Commissioner Vacation of Unused Roads NJ Highway Traffic Safety Act Graduated Driver Licensing Program State highways Disposition of Properties County Highways County bridges and culverts County improvement of municipal roads

Title 39 Motor Vehicles and Traffic Regulation Chapter 1 Chapter 2 Chapter 3 Chapter 4

Definitions Organization Vehicle Registration and Driver Licenses Traffic regulations including: Operation of bicycles Regulations governing walking on streets Horses and horse drawn vehicles on highways Operation of motor vehicles Handicapped parking

Chapter 12 Driving Schools Title 40 Counties and municipalities

Chapter 27 Chapter 55D

NJSA 40:55D-40.1 NJSA 40:55-56

NJSA 40:55-65 NJSA 40:55-67

County planning Municipal planning State Residential Site Improvement Standards Creation and operation of pedestrian malls & SIDs Construction of municipal sidewalks and crosswalks Municipal streets and roads

Title 52 State government, departments and officers Chapter 32 Public contracts law

Implementation of the Americans with Disabilities Act

Research for this project has focused on Title 39, although some of the recommendations involve changes to other titles.


2.2 General findings on traffic statutes

2.2.1 Problems with archaic structure Many of the state statutes affecting walking, bicycling and use of motor vehicles are very old. Furthermore, the various transportation chapters have also not undergone a systematic revision in a lengthy period of time. As a result, several statutes appear to be:

Anachronistic: For example, R. 39:4-44 describes procedures for establishing car stops by street railway companies.

Duplicative Procedures for allocating parking spaces for handicapped drivers appear in Titles 39, 52 and 55. None of these procedures conform to the Americans with Disabilities Act. The requirement to yield the right-of-way to blind persons appears in Titles 10 and 39.

Construction signs 39:4-183.22A requires that construction signs in New Jersey be rectangular in shape and white in color. These statutory requirements conflict with the MUTCD, which requires the use of orange warning and informational signs; white signs are only to be used for regulatory purposes; warning signs in construction zones are supposed to have the same diamond shape used for highway warning signs.

Many traffic and roadway construction statutes date back to the beginning of the 20th century; some of the authorization for counties to operate a county highway system date from the end of the 19th century.

A systematic review of the statutes governing roadway construction and traffic regulation would be helpful in assuring that these regulations conform to current practices. This type of systemic review goes beyond the scope of this research project.

2.2.2 Organization of statutes Due to the length of time that statutes in Title 39 have been in place, and because the legislature has not undertaken a systematic re-codification, the presentation of the statutes appears highly disorganized. Indeed, it can be difficult to identify applicable statutes. As a case in point, §39:4-197.5 through 4-197.15 provides one set of rules governing handicapped parking, including the establishment of handicapped parking enforcement units. However, §39:4-197.10, located in the midst of this section, authorizes NJDOT to regulate the operation of trucks on Route 94 in Sussex and Warren Counties.

There are several scattered references to traffic statutes in Title 27. Some statutes pertaining to roadway design appear in Title 39. Additional statutes affecting either traffic or roadway design appear in other titles including Title 10 – Civil Rights, Titles 40 and 40A – Municipalities and Counties and Title 52 – State Departments.

Licensing of drivers and driving schools has been primarily codified in Title 39, Chapters 3 and 12. However, the recently adopted Graduated Licensing Program, which substantially revises the process by which new drivers earn the right to a license, has been placed in Title 27.

2.3 Terminology According to Chapter 1 of Title 39:


"Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

This definition includes alleys, local streets and publicly maintained driveways in addition to the freeways, expressways and arterial routes commonly thought of as highways. Title 27 assumes a similarly broad definition, but extends the definition to include public ways that are not improved or open to traffic.

The term roadway in Title 39 has the following definition (Title 27 does not define roadway): "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways, collectively.

Title 39defines “street” mean the same thing as “highway”. In contrast, Title 27 limits the meaning of “street” to “highways” in more densely populated areas as well as parkways. Title 27 defines “roads” to mean highways that are not streets.

As indicated, the state statutes currently apply the term “highway” to local streets and roads that have very low traffic volumes, frequently have low vehicle speeds, and which most members of the public would not consider to be highways – over 70% of all roads in the state. However, despite this broad definition, many traffic statutes have been enacted to address issues that only arise on higher volume or high speed highways – that is, the streets and roads commonly thought of as highways. When applied to local and collector streets, these statutes frequently are excessive; as a result, drivers and pedestrians routinely ignore them and police do not enforce them.

2.4 Identify statutes that regulate bicycle and pedestrian travel

2.4.1 Definitions 39:1-1 provides specific definitions for terms used in Title 39. Definitions of significance to the rights and duties of bicyclists and pedestrians include:

"Crosswalk" means that part of a highway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the shoulder, or, if none, from the edges of the roadway; also, any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other marking on the surface.

“Pedestrian” means a person afoot.

"Shoulder" means that portion of the highway, exclusive of and bordering the roadway, designed for emergency use but not ordinarily to be used for vehicular travel.

"Sidewalk" means that portion of a highway intended for the use of pedestrians, between the curb line or the lateral line of a shoulder, or if none, the lateral line of the roadway and the adjacent right-of-way line.


"Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly, or together, while using any highway for purposes of travel.

"Vehicle" means every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.

2.4.2 Bicycle statutes 39:4-10 Lights and reflectors required 39:4-10.1 to 10.4 Requires use of bicycle helmets by persons under 14,

requires businesses selling or renting bicycles to post signs notifying persons of this statute

39:4-11 Audible device required 39:4-11.1 Brake required 39:4-12 How to ride a bicycle (position of hands, feet, carrying

people, prohibition of tricks, etc. 39:4-14 Prohibition on hitching rides to motorized vehicles 39:4-14.1 Rights and responsibilities of persons using bicycles are

those applicable to the driver of a vehicle except as specified

39:4-14.2 Application of keep to right rule of the road to bicyclists 39:4-14.4 and 14.4a Requirements of persons who sell or rent bicycles 39:4-14.5 Bicycle defined in terms of bicycle sales and rentals 39:4-14.6 to 14.9 Additional statutes regarding sale or rental of bicycles 39:4-126 Signaling before starting, turning or stopping 39:4-183.1b. Authorizes designation of “Older and Walking Impaired

Persons Crossing” areas 39:4-196.1 Authorizes use of safety zones including refuge islands that

conform to specifications adopted by NJDOT 39:4-198 Requires that traffic regulation signs be so placed as to be

easily ready by pedestrians or operators of vehicles 39:4-203.3 & 203.4 Pedestrian or bicycle violations by juveniles under 17

2.4.3 Statutes pertaining to skateboards, roller skates and “roller skates” 39:4-10.4.1 to 10.4.13 Rules relating to skateboarding, roller skating, etc.

2.4.4 Statutes pertaining to motorized bicycles 39:4-14.3 to 14.3x Rights and responsibilities of persons using motorized

bicycles in New Jersey

2.4.5 Statutes pertaining to pedestrians In the following section, in order to reduce word use, I have used the term “controlled intersection” in place of the following statutory language: “at intersections where traffic is directed by a police officer or traffic signal” or similar constructions.


39:4-32 Pedestrians must obey traffic signals or traffic control officers at controlled intersections When crossing at controlled intersections, pedestrians have right-of-way over all vehicles

39:4-33 At controlled intersections pedestrians shall enter a roadway only within a crosswalk and, whenever practicable, upon the right half of the crosswalk

(Note that the definition of a crosswalk includes crossing areas in addition to those defined by crosswalk lines)

(Note that the statute prohibits not only crossing outside of a crosswalk, but mere entry into a roadway outside of a crosswalk)

39:4-34 Where traffic is not controlled, pedestrians shall only cross at a crosswalk or at right angles to the roadway

Pedestrians are prohibited from crossing roadways separated by a “medial barrier” except at locations where provisions for pedestrian crossings have been provided (medial barrier is not defined)

Where a sidewalk is provided, it is unlawful to walk along the roadway

Where there are no sidewalks, pedestrians shall walk on the extreme left side facing approaching traffic

39:4-35 A pedestrian in a marked or unmarked crosswalk at a signalized intersection has the right of way if the signal changes while the pedestrian is crossing the road

39:4-36 Drivers must yield to pedestrians crossing in a marked crosswalk or within an unmarked crosswalk at an intersection

It is illegal to pass another driver who is yielding for a pedestrian

Pedestrians must yield to vehicles when crossing a roadway when not within a crosswalk

39:4-36.1 If a pedestrian tunnel or bridge has been provided, pedestrian crossing a roadway at grade shall yield to vehicles on the roadway

39:4-37 At controlled intersections local authorities may regulate pedestrian crossings by ordinance; ordinances must be approved by the Commissioner

39:4-37.1 Any blind person or any guide dog instructor shall have the right-of-way crossing any highway or intersection except where traffic is controlled by an officer

(Note: NJSA 10:5-29.4 provides similar language and references this section -- Title 10, Chapter 5 concerns Civil Rights)


39:4-66 Operator of a vehicle “emerging from an alley, driveway, garage or private road or driveway” shall stop prior to driving across a sidewalk and must yield to a pedestrian

39:4-67 Driver of vehicle “about to enter an alley, driveway, garage or private road or driveway” shall yield to all pedestrians on the sidewalk

39:4-71 No person shall allow a vehicle to stand on a sidewalk 39:4-81 Pedestrian shall obey instructions of any official traffic

control device 39:4-100 Vehicle speed across a sidewalk shall not exceed 4 MPH 39:4-114 Poles carrying traffic signal supports shall not be placed as

to be in pedestrian crosswalk lanes 39:4-183.1a Provides municipalities with flexibility in installing traffic

control devices at school crossing intersections located within 300 feet of a school

39:4-183.1b. Designation of “Older and Walking Impaired Persons Crossing” areas

39:4-196.1 Authorizes the construction of safety zones including raised pedestrian refuge islands and raised loading islands

39:4-203.3 Pedestrian violations by juvenile under 17 – warnings and penalties

40A:9-154.4 Authorizes chief municipal law enforcement officer to position crossing guards during any special event or program involving pedestrian crossings

40:55D-40.1 to 40.7 Residential Site Improvements Board 40:56-67 to 56-89 Creation and operation of pedestrian mall districts,

including municipal power to permanently close streets to motor vehicles (Note – this statute was used as the basis for creation of Special Improvement Districts and has therefore been substantially amended and broadened in scope)

40:65-1 to 65-16 Construction and maintenance of sidewalks

2.5 Statutes pertaining to school safety In general, we found few highway or traffic statutes that only applied to school areas. School areas were to be considered among other environmental factors for numerous statutes. The following statutes were identified that specifically addressed school zones:

39:4-50 (g) Provides higher fines and longer sentences for driving while intoxicated: • Within 1,000 feet of school property • When driving through a school crossing

39:4-98 (a) Establishes prima facie speed limit of 25 MPH for a driver passing through a school zone: • During recess when the presence of children is clearly

visible from the roadway


• While children are going to or leaving school during opening or closing hours

39:4-183.1a Provides municipalities with flexibility in installing traffic control devices at school crossing intersections located within 300 feet of a school

40A:9-154.4 Authorizes chief municipal law enforcement officer to position school crossing guards on any street or highway within the municipality as needed on school days

2.6 Statutes pertaining to accident data collection 39:4-129 Actions a driver must take in the event of an accident 39:4-130 Requires drivers and/or others to report accidents that result

in death, injury or property damage greater than $500.00 (A report is not required if a police officer submits a report)

39:4-131 Requires law enforcement officers who investigate reportable accidents to file written reports using forms supplied by NJDOT

39:4-132 Requires repair shops to report to the police a motor vehicle which shows evidence of having been involved in a reportable accident

2.7 Statutes associated with traffic calming 39:4-98 Rates of speed – establishes prima facie speed limits for

school zones, business districts, residential districts, suburban districts and all other areas

39:4-136 Prohibits parking on any roadway unless there is a clear and unobstructed width of not less than 15 feet on the roadway that is left for the free passage of other vehicles

39:4-138 Parking restrictions – establishes locations where parking is prohibited

40:67-16 Permits installation of various devices and structures for the safety and convenience of persons and vehicles

40:67-16 Permits part-time closing of streets, including streets in school zones, for purpose of public safety or health

40:67-16.17 Permits statues and memorials to be erected on public streets

2.8 Determine how existing state statutes conform to accepted standards regarding bicycle and pedestrian mobility and safety.

2.8.1 Bicycle statutes in relation to Uniform Vehicle Code 2.8.1.1 Rights and duties of bicyclists C. 39:4-14.1 extends to bicycle riders all of the rights and duties applicable to the driver of a vehicle. This construction provides appropriate flexibility in the application of the statutes by recognizing that there are characteristics of bicycles that require flexibility in the interpretation of traffic regulations, while still largely allowing the traffic regulations to apply to bicyclists. The principal problem with this definition is that legislators in the past have not always been disciplined in distinguishing between the word vehicle and motor vehicle. As a result, some


rights and duties that apply only to motor vehicles probably should apply to all vehicles, including bicycles. However, this does not negate the value of the wise wording that was employed in C. 39:4-14.1.

2.8.1.2 Definition of bicycle Title 39 has two definitions of a bicycle; each definition only applies to the legislative act of which it is a part. The first definition is contained in an act requiring bicyclists under the age of 14 to use helmets; the second in an act authorizing the Division of Community Affairs to regulate bicycle sales and rental shops. The two definitions differ, and both are more restrictive than the definition used in the UVC. The three definitions are as follows:

C. 39:4-10.1 As used in this act, “bicycle” means a vehicle with two wheels propelled solely by human power and having pedals, handle bars and a saddle-like seat. The term shall include a bicycle for two or more persons having seats and corresponding sets of pedals arranged in tandem. (L.1991,c.465,s.1)

C. 39:4-14.5 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. (L.1975,c.328,s.2)

UVC §1-109 Every vehicle propelled solely by human power upon which any person may ride, having two tandem wheels and except scooters and similar devices. (p. 2)

All of these definitions exempt human powered tricycles. Is this intended?

C. 39:4-14.5 appears to exempt children’s bicycles, which often are less than 25 inches in height, as well as recumbent bicycles.

It would appear to be desirable to provide a single definition of bicycle; that definition should be located in C. 39:1-1, the section that provides definitions that pertain to all of Title 39.

2.8.1.3 Provisions of the UVC not contained in the New Jersey Statutes: 11-606 Authorizes bicyclists to signal a right turn either by extending the left hand and

arm upward, in the same manner as a motor vehicle driver, or by extending the right arm and hand horizontally to the right side of the bicycle.

11-1205 (a) 4 Specifically exempts bicyclists from the requirement of riding as close as practicable to the right-hand edge of the roadway when the road has a right-turn-only lane.

11-1208 (b) Specifically authorizes bicyclists to complete a two-step left turn by first traveling straight through the intersection to the far side, and then passing straight through the intersection on the perpendicular roadway. §11-1208 (a) also authorizes bicyclists to make left turns in the same manner as motor vehicle driver.

11-1209 Provides specific language establishing rights and duties of a bicyclist who elects to operate a bicycle on a sidewalk.

11-1210 Establishes rights and restrictions associated with bicycle parking.


11-1211 Sets forth conditions associated with bicycle racing. (NJ Statutes prohibit horse racing and motor vehicle racing; they do not appear to prohibit bicycle racing.)

12-703 Requires that a rear reflector be present at all times, visible for a distance of 600 feet. C. 39:4-10 permits but does not require a rear reflector.

12-705 Authorizes a bicycle or its rider to be equipped with additional lights or reflectors including LED or illuminated lights, and steady or flashing lights. This permits the use of flashing LED taillights, which have become increasingly popular among bicyclists, both because of their longer battery life, and because they let drivers of motor vehicles recognize that the vehicle is a bicycle and not a motor vehicle.

2.8.2 Statutes that require clarification regarding bicycle rules of the road 2.8.2.1 Helmet law exceptions C. 39:4-10.1 requires persons under the age of 14 who operate or ride on bicycles to wear helmets. However subparagraphs (c), (d) and (e) of that section authorize municipalities to enact ordinances exempting riders from this requirement when a bicycle is not being used in proximity to motor vehicle traffic. This provision presumably is based on the mistaken belief that automobiles are the cause of most bicycle accidents. Bicyclists, especially young bicyclists, are quite capable of falling off their vehicles when automobiles are not present, and can readily damage their heads as a result of such falls. According to a survey of adult bicyclists who had been involved in a crash, only 11% of crashes involved a motor vehicle. 59% of all bicycle accidents, and 38% of serious accidents, consisted of falls that did not involve any other vehicle or object. 1

2.8.2.2 Prohibition on practicing any trick or fancy riding in a street C. 39:4-12 absolutely prohibits a rider from practicing any trick or fancy riding in a street. An amendment would appear to be appropriate that would allow riders to conduct such practice on a designated play street or on a street from which motor vehicle travel has been restricted on a temporary or permanent basis, subject to regulations established by the public or private entity having jurisdiction.

2.8.2.3 Riding position with right-turn-only-lane NJ Statutes appear to currently require bicyclists and other slow moving vehicles to ride at the right of the roadway even when a right-turn-only-lane is provided. These vehicles are safer if they stay with the through traffic.

2.8.2.4 Use of shoulder by bicyclists and other slow moving vehicles Currently Title 39 does not specifically limit or specify how the shoulder of a highway is to be used. Conventional practice allows bicyclists to use paved shoulders as an extension of the roadway. Pedestrians are required to walk in the shoulder if a sidewalk is not available. Drivers of vehicles being overtaken are required to yield to the right upon an audible warning, presumably requiring them to enter the shoulder.

1 Bill Moritz, “Profiling Adult U.S. Cyclists: A National Survey”, in Bicycle USA, January February 1998, p. 10.


As previously mentioned, C. 39:1-1 defines a shoulder as the portion of the highway designed for emergency use but not ordinarily to be used for vehicular travel.

Bicyclists, other slow moving vehicles, vehicles pulled by animals, persons on horseback and vehicles decelerating in advance of a right turn should be specifically authorized to travel in the shoulder of a highway if and when a paved shoulder is provided. When using a shoulder, a bicyclist should be allowed to travel in the far left portion of the shoulder immediately adjacent to the edge of the roadway.

2.8.2.5 Audible warning when passing C. 39:4-85 requires the driver of a motor vehicle to give an audible warning with his horn or other warning device before attempting to pass a vehicle proceeding in the same direction. (This statute does not apply in “business or residence districts”.) Technically, the statute requires drivers passing other drivers on the New Jersey Turnpike to honk prior to passing any other vehicle. The law is anachronistic, and indeed mandates behavior that today would be considered aggressive driving. It should be repealed.

For bicyclists, the driver’s honk or other audible warning can be very disturbing, and in fact can be hazardous if it startles the bicyclist.

2.8.2.6 Passing a bicycle in a no passing zone C. 39:4-86 prohibits drivers from crossing a no passing line except under limited conditions. This prohibition on passing may encourage drivers to stay within a narrow travel lane when passing a bicyclist even though it would be safe to encroach partially into the opposing travel lane. Since motor vehicles frequently travel substantially faster than bicycles, and must encroach less into the opposing travel lane, this passing maneuver can usually be completed in less time than is normally required to pass another motor vehicle. Since this reflects reasonable and prudent behavior, most drivers already do this when passing a bicyclist on a narrow roadway. The statute should reflect that this is reasonable behavior.

2.8.2.7 Emergency vehicles speeding C. 39:4-103 provides drivers of designated emergency vehicles with a blanket exemption to maximum speed laws. This section should clarify that no emergency exempts the driver of any vehicle from the responsibility to drive in a safe and prudent fashion and to seek to avoid any hazardous situations. Drivers of emergency vehicles who fail to arrive at an emergency because they are involved in an accident are not protecting the public’s health and safety.

2.8.2.8 Driving to delay traffic prohibited Two statutes currently prohibit drivers of vehicles from delaying traffic. R.S. 4-56 prohibits the use of a vehicle that will likely cause delay in traffic; C. 4-97.1 prohibits a person from driving a motor vehicle at such a slow speed that it will impede or block the normal and reasonable movement of traffic.

The second statute only applies to drivers of motor vehicles and thus does not affect bicyclists. C. 4-56 however applies to all vehicles and could be applied to bicyclists. The standard it sets in addition is substantially harsher towards slower moving vehicles. Indeed, it could be argued that this statute prohibits the use of a bicycle, a heavy vehicle or any other vehicle that limits drivers of passenger cars from traveling as fast as the posted speed allows them.


There should only be one statute, and the statute that is kept should provide balancing language that:

• Reflects the rights of all road users to use the roads of the state • Indicates that vehicles should not be driven in a fashion that unreasonably impedes or

blocks traffic or causes unusual or exceptional delays.

2.8.3 Statutory issues with legislation affecting pedestrians 2.8.3.1 Pedestrian definition Both C. 39:1-1 and the UVC define a pedestrian to be a “person afoot”. This definition excludes persons in wheelchairs, using crutches, being pushed in strollers, carriages or gurneys or in some other fashion not traveling “afoot”. The traffic statutes do not have a section extending to these persons the rights of pedestrians.

2.8.3.2 Obstructions to sidewalks C. 39:4-114 currently prohibits the placement of a traffic signal or signal pole in a paved roadway or in a crosswalk lane. However, there is no prohibition on placing traffic poles, utility poles or traffic signals within sidewalks, the landings for crosswalk ramps or other areas where obstructions to pedestrian flow are hazardous, especially for persons with restricted vision, and can block the flow of pedestrians, especially handicapped pedestrians.

2.8.3.3 Use of local streets The traffic statutes call all public ways highways and do not discriminate among roads based upon their functional purpose. As a result, they treat local streets the same as high speed highways and generally deny pedestrians the use of these streets except to directly cross them or to walk along the extreme left edge of those streets that do not have sidewalks or shoulders.

Streets were at one time fully accessible for pedestrians; most pedestrians continue to feel comfortable using the full width of local streets. Most sidewalks in residential areas are too narrow for even two adults to comfortably walk side-by-side. As a result, groups of pedestrians walk in the street. Children routinely use local streets for a wide variety of games. Rather than being hazardous, these uses are desirable and help to establish a community’s character. Furthermore, most drivers anticipate this type of activity on local streets.

A general exception of traffic regulations pertaining to pedestrian travel on local streets appears to be appropriate.

2.8.4 Additional Issues

2.8.4.1 Driver licensing and education A revised Graduated Licensing law was enacted in 1998 and amended in 2001. This law requires the Division of Highway Traffic Safety to develop curriculum guidelines for use by teachers of approved classroom driver education courses. The curriculum guidelines are required to emphasize the following issues:

− Defensive driving − Highway courtesy − Accident avoidance − Understanding and respect for the State’s motor vehicle laws


− Insurance fraud and − State requirements for and benefits of maintaining automobile insurance

The statute also requires the Division of Highway Traffic Safety to prepare an informational brochure for parents and guardians of beginning drivers regarding their roles and responsibilities, including the importance of setting a good example.

Although the statute does not specifically require that bicycle and pedestrian issues be addressed in either the curriculum or the informational brochures, the requirement that defensive driving, highway courtesy and accident avoidance be emphasized provides appropriate reasons to include instruction regarding how drivers should share the road with other users. Given the recent passage of the amended legislation, the best method of incorporating bicycle and pedestrian issues into this program is through the process that the Division of Highway Traffic Safety will employ in developing these instructional materials. A separate report will be prepared addressing this issue.

2.8.4.2 Four lane undivided roadways NJDOT documented that undivided four lane roadways experience substantially higher accident rates than other roadways, including three lane highways with center left turn lanes, two lane highways and multi-lane highways with medians. Research conducted by the Highway Safety Research Center at the University of North Carolina for the Federal Highway Administration has documented that undivided multi-lane highways are especially hazardous for pedestrians.

Usually these roads can operate with equivalent motor vehicle capacity and substantially improved safety if placed on a “road diet”: that is reducing the number of lanes from four to three by marking a center left turn lane plus one through lane in each direction. The remaining pavement creates a shoulder in each direction between five and six feet in width; the shoulders can be marked as bicycle lanes.

Where NJDOT has put state highways on road diets, the highways have generally operated more efficiently, and drivers of motor vehicles have experienced an improvement in level of service because of the reduction in unanticipated delay associated with turning vehicles. Examples include US 30 in Camden County and US 206 in Somerset County.

Many state highways however continue to be striped as undivided four-lane highways, for example Route 31 in Ewing (Mercer County) and Oxford (Warren County). More critically, many counties continue to use the undivided four-lane highway as the preferred roadway cross-section for county highways.

As a result, consideration was given to proposing a statute that would mandate that the jurisdiction having authority over any undivided multi-lane highway be required to conduct an engineering analysis documenting why the road should not be converted to a cross-section providing a marked or raised median and shoulders. However, it is felt that:

• More generalized provisions requiring that roads be made compatible with bicycle travel and accommodate pedestrian crossings would have the same effect, and;

• Regulations, policies and procedures of the Department could be used to prohibit further use of undivided roadway cross-sections and encourage the conversion of existing roadways.


2.8.4.3 Traffic calming It would be desirable to use this opportunity to provide additional statutory support for traffic calming and context sensitive designs. It would also be desirable to provide incentives and funding for traffic calming.

2.8.4.4 School zones C. 39:4-98(a) currently establishes a statutory speed limit of 25 MPH for a driver passing through a school zone during recess or during opening and closing hours for a school. However, schools generate student pedestrian traffic during numerous other periods. State regulatory signage frequently extends the restricted speed zone to include any time when children are present.

2.8.4.5 Requiring Compliance with Americans with Disabilities Act Current statutes implementing handicapped parking requirements in New Jersey have not been revised since the adoption of revised federal ADA regulations and guidelines by the U.S. Architectural and Transportation Barriers and Compliance Board (U.S. Access Board). Furthermore, specific statutory standards concerning handicapped access appear in multiple locations: Titles 39, 52 and 55.

It would be desirable to adjust state statutes to require compliance with the federal regulations and standards rather than to maintain a separate set of New Jersey standards that do not comply. Almost all building in New Jersey must comply with the federal standards in any event.

The U.S. Access Board has developed recommendations for new ADA design standards for pedestrian rights-of-way – that is, for public sidewalks, crosswalks and other elements of the public environment. These recommendations are presented in a report, Accessible Rights-of-Way: A Design Guide (1999). It is anticipated that the Access Board will adopt rules and regulations this year implementing the recommendations, with some changes. It would be desirable to have legislation that provides similar adoption of these new regulations, by reference. The Legislature should also be asked to define who in the state should be responsible for enforcing the regulations, developing implementation schedules and financing implementation projects.


3. Recommendations

3.1 Bicycle Issues

3.1.1 Definition of a bicycle Provide a single general definition for a bicycle similar to that used in the UVC.

Consider expanding the definition to include vehicles that are similar to bicycles such as recumbent bicycles and adult tricycles, or provide additional definitions for these vehicles.

A decision should be made regarding how “surreys” should be treated. Are they different than bicycles and adult tricycles? Should occupants of surreys be required to wear helmets? Currently surreys are not recognized in the traffic statutes and, because they are powered solely by human power, they are not considered to be vehicles. If surreys are to be excluded from regulation, but other human powered vehicles included, then it becomes necessary to develop language that defines them and then excludes them.

Amend C. 39:1-1 to include the following definition for bicycle:

“Bicycle” means any vehicle propelled solely by human power, having two tandem wheels and providing one or more seats for the operator or operators and any passengers; “bicycle” shall not mean a scooter or similar wheeled device on which the operator does not customarily sit.

Add a new section C. 39:1-2 with the following general language:

Wherever the term bicycle is used in this chapter it shall be interpreted to include any other vehicle propelled solely by human power, regardless of the number of wheels, if the vehicle includes one or more saddle type seats or other devices that allow the operator and all passengers to sit or lie while using the vehicle.

Repeal C. 39:4-10.1 and C. 39:4-14.5

In modifying how bicycles are defined, consideration should be given to the question of how tot toys or play vehicles – small tricycles, riding toys, wheelies, etc. – should be recognized in the statutes. As a minimum, the traffic statutes should recognize that motorists must seek to yield the right to these users at all times, recognizing that the users lack the judgmental skills needed to operate their toy vehicles in a consistently reasonable manner. This would be similar to language that already exists providing blind pedestrians with an absolute presumption of right-of-way in all situations.

3.1.2 Lights and reflectors Amend C. 39:4-10 using language found in §12-702 to 12-705 of the UVC.

a. Every bicycle in use when lighted lamps are required, as defined in C. 39:3-46, 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 taillight on the rear which shall emit a red light visible from a distance of at least one thousand feet to the rear. The taillight may be LED or regular, and it may emit a steady or flashing light.


b. Every bicycle shall be equipped with a red reflector of a type approved by the division which shall be visible from a distance of 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.

c. Every bicycle in use when lighted lamps are required shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle, or in lieu of such reflective material, with a lighted lamp visible from both sides from a distance of at least 500 feet.

d. A bicycle or its rider may be equipped with lights or reflectors in addition to those required by the foregoing sections. These lights and/or reflectors may be LED or regular, steady or flashing, as long as they comply with the requirements or limitations of the division.

3.1.3 Bicycle helmets Amend C. 39:4-10.1 by eliminating subparagraphs (c), (d) and (e), which authorize municipalities to pass ordinances exempting riders of bicycles under the age of 14 from the requirement that they wear helmets in situations where motor vehicles are not present.

3.1.4 Practicing tricks or fancy riding Amend C. 39:4-12 to allow operators of bicycles to practice trick or fancy riding on a designated play street or on a street from which motor vehicle travel has been excluded on a temporary or permanent basis. The authority having jurisdiction over the street may adopt regulations as needed to protect the public’s safety and welfare.

3.1.5 Left turns by persons operating bicycles Amend C. 39:4-14.2 (a) to allow bicyclists to make all left turns from the center of the roadway in the same manner as a motor vehicle. The following language is recommended:

Subparagraph C. 39:4-14.2 (a) is amended to read as follows:

(a) to make a left turn at an intersection or into a private road or driveway

3.1.6 Protection against dooring Supplement C. 39:4-14.2 by adding a subparagraph indicating that a person operating a bicycle may move to the left:

“(f) to maintain safe separation of at least four feet from any parked vehicle”

3.1.7 Right-turn lanes Supplement C. 39:4-14.2 by adding the following paragraph

Persons riding a bicycle in or adjacent to an auxiliary lane that has been provided to accommodate right turning exiting or entering traffic or that has been marked as a right turn only lane at an intersection shall ride as close to the left side of that lane as possible or at the right side of the lane provided for the through movement of vehicles.

3.1.8 Alternative method for bicycles to make left turns Supplement C. 39:4-123 with the following section adapted from the Uniform Vehicle Code:


C. 39:4-123.1 A person riding a bicycle intending to turn left from a roadway at an intersection or into a private road or driveway may either:

a) Follow the course described in C. 39:4-123 (b) or (c), or;

b) Approach the turn as close as practicable to the right edge of the portion of the roadway used by through vehicles.

(i) After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist shall stop, as much as practicable out of the way of traffic.

(ii) After stopping, the bicyclist shall yield to any traffic proceeding in either direction along the roadway the bicyclist had been using.

(iii) After yielding, and complying with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist intends to proceed, the bicyclist may proceed in the new direction.

3.1.9 Use of shoulder Provide a new statute that establishes how paved shoulders are to be used and, as needed, clarify what use is prohibited on shoulders.

As a minimum, permit bicycles and other slow moving vehicles to be operated on shoulders. (This would include agricultural vehicles, contractor vehicles and animal drawn vehicles.) Vehicles driven on shoulders should be required to be traveling in the same direction as vehicles on the adjoining roadway lane.

Desirably the new statute should also state that the shoulder may be used by drivers of motor vehicles when turning into or out of driveways, alleys or public ways located on the right side of the road, provided that such drivers shall yield the right-of-way to any other roadway user that is using the shoulder.

The Legislature may also wish to allow drivers making a right turn at a signalized intersection to use the shoulder to pass the queue of stopped vehicles waiting to drive through the intersection. A speed limit of 5 MPH for use of the shoulder in this situation should be established.

Permit bicyclists to travel in the wrong direction on a shoulder if the presence of a median barrier prohibits access to the opposing roadway, provided that the bicyclist shall only continue to travel in the wrong direction for the shortest distance required to reach a safe place to cross the highway to travel in the proper direction, and provided that the bicyclist shall ride as far from the edge of the roadway as possible.

3.1.10 Use of horns Repeal language in C. 39:4-85 requiring the driver of an overtaking to give an audible warning and provide a new statute governing the use of horns. The following is based on an Arizona statute:


When reasonably necessary to ensure the safe operation of a motor vehicle, the driver shall give an audible warning with the vehicle’s horn but shall not otherwise use the horn when on a highway.

The following additional conditions could be included to clarify what constitutes “reasonably necessary”:

• Permit the use of a horn only when an audible warning is required to warn another operator of a vehicle, a pedestrian or an animal of an imminent hazard.

• Permit a very brief use of the horn in a situation that is not hazardous but in which another vehicle, a pedestrian or an animal is not aware that it is obstructing the reasonable movement of vehicles along the highway.

• Prohibit a driver of a motor vehicle from using his or her horn when passing a bicyclist unless the bicyclist appears to be moving into the roadway in a hazardous manner and a warning is needed to avoid a collision.

• Prohibit a driver of a motor vehicle from using the vehicle’s horn except as permitted in this section, and establish that any such prohibited use constitutes a breach of the peace.

Any such statute should clearly indicate that it is the responsibility of the driver to avoid a collision, and that if necessary the driver should yield the right-of-way when another roadway user has blocked free passage of the roadway. The use of a horn does not limit the driver’s responsibility of taking all prudent measures needed to avoid a collision.

3.1.11 Passing a bicycle, other slow moving vehicle or horse in a “No Passing” zone. Amend C. 39:4-86 to clarify how operators of vehicles should treat bicycles and other slow moving vehicles.

The operator of a vehicle should be allowed to pass with care a horse, bicycle or slow moving vehicle traveling in the shoulder of a highway, even if the passing maneuver is located on a segment of highway designated as being in a no-passing zone, provided that the driver can determine that the passing maneuver can be safely accomplished without interfering with the vehicle or person being overtaken.

C. 39:4-86 prohibits drivers from crossing a no passing line except under limited conditions. This section should be amended to allow drivers to cross into the opposing lane of traffic when passing a bicyclist or other slow moving vehicle provided that the driver can return to the authorized lane of travel before encountering an oncoming vehicle.

This section could be modified to permit a driver to partially cross such a line when passing a bicycle or other slow moving vehicle occupying less than half of the travel lane provided that the overtaking driver not interfere with any vehicle being overtaken and provided that the overtaking driver is able to return to the authorized lane of travel before coming within 200 feet of any approaching vehicle.

When overtaking a bicycle, the driver of a motor vehicle should be required to pass at a safe distance to the left of the bicycle being overtaken, and not return to the right of the roadway until completely passing the bicycle. (It may be preferable to include all types of users that are being overtaken, not just bicyclists.)


3.1.12 Contra-flow lanes on one-way streets C. 39:4-85.1, which permits a roadway to be designated to permit only one-way traffic, should be supplemented with a new section that would clarify that contra-flow lanes can be marked on one-way streets to allow restricted classes of vehicles to operate in the opposite direction.

Technically this is not required, since a road with a contra-flow lane could be considered a two-way roadway that has been marked with lanes, and some of those lanes have been regulated to prohibit use by certain vehicles. However, it would be desirable to establish positive statutory authorization for this type of facility on which most motor vehicles will be restricted to one-way travel.

The following two supplementary sections are suggested:

C. 39:4-85.2 Contra-flow lanes authorized

The Commissioner, by regulation with respect to a state highway, and a municipal or county governing body, by ordinance or resolution with respect to a highway under its jurisdiction, may authorize transit vehicles or bicycles to operate in the opposite direction of travel on a designated one-way street, provided that such operation occurs as follows:

(a) Within a separate travel lane marked as required by the MUTCD and located between the curb of the roadway and any vehicles that are directed in the principal direction of travel, including any parked vehicles.

(b) Within a lane marked on the far left side of the one-way street, except that under unique situations the lane may be located on the right side of the street if an engineering analysis determines that that is the most appropriate location.

In addition to lane markings, signage shall be provided at the beginning and end of each block with regulatory information regarding the use of the roadway as required by the MUTCD.

C. 39:4-85.3 Contra-flow travel by bicycles authorized

The governing body of a municipality may, by ordinance or regulation, permit bicycles to operate in the reverse direction on the far left side of a one-way street adjacent to the curb, provided that the street is a local street as defined by (see 3.2.6 ), is under the jurisdiction of the municipality, and provided that the municipal engineer has determined that travel by bicycles in the reverse direction will not create a hazardous condition.

Local streets on which two-way bicycle operation is permitted shall include appropriate signs stating that the one-way street regulations exempt bicyclists.

3.1.13 Bicycle parking Provide the following type of language, probably as a new section of Title 39, Chapter 4:

• A person may park a bicycle on a sidewalk or secure it to a pole, fence, sign or other piece of street furniture adjacent to a sidewalk unless prohibited or restricted by an official traffic control device.

• A bicycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrians or other traffic.

• A municipality shall not pass any ordinance, and a private property owner shall not establish any rule, prohibiting the parking of bicycles except as needed to:


(a) assure the normal and reasonable movement of pedestrian or other traffic, (b) maintain access to critical emergency or utility entrances or (c) protect trees, shrubs, grass or other landscaping.

• Municipal ordinances or private rules regulating the parking of bicycles shall not have the effect of prohibiting bicyclists from gaining reasonable access to uses open to the public.

• A bicycle may be parked on the roadway at any location where parking is allowed and at any angle to the curb or edge of the roadway.

• A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of the roadway at any location where parking is allowed.

• A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle.

• In all other respects, bicycles parked anywhere on a highway shall conform with the provisions of this Chapter controlling the parking of motor vehicles.

• All property owners that invite the public onto their property through the provision of parking facilities for motor vehicles shall provide convenient opportunities to secure bicycles in proximity to principal entrances in accordance with regulations to be issued by the Commissioner of Transportation.

Supplement C. 40:55D-41

• Municipal site plan ordinances shall require developments to incorporate bicycle parking facilities in conformance with regulations to be issued by the Department.

3.1.14 Accommodating bicycles One or more new or amended sections to Title 27, Chapter 7 for state highways, Title 27, Chapter 16 for county highways and Title 40, Chapter 67 for municipal roads to accomplish the following:

(a) Any highway that the state, a county or a municipality proposes to construct or reconstruct shall be designed to accommodate the safe operation of bicycles in compliance with bicycle accommodation guidelines issued by the Commissioner of Transportation by regulation.

(b) All county highways shall be improved to accommodate bicycles by the year 2020. To accomplish this objective, the Board of Chosen Freeholders in each county shall develop a plan documenting current constraints to the use of bicycles on county highways, proposing remedies to mitigate such constraints and establishing an improvement schedule for implementing those improvements.

Failure to demonstrate progress in making roadways compatible with bicycle use, including the preparation of a plan documenting how this will occur, shall constitute rebuttable proof that the county has failed to adopt policies and programs to assure that its roads will be compatible with reasonable use by bicyclists. (Or provide similar language that increases the county’s liability in the event of a bicycle accident resulting from incompatible design if the county has taken no measures to begin to make its roads compatible.)

(c) Provide similar language in 40:67 for municipal highways.


(d) Establish a state funding program for the preparation of planning documents, the design of facilities and the construction of improvements by the state, counties and municipalities.

3.1.15 Encouraging bicycles Provide the following new section to the County Planning Statute and the Municipal Land Use Law to authorize counties and municipalities to prepare bikeway plans.

Counties and municipalities may develop bicycle plans that identify a comprehensive system of bikeways consisting of:

• Roads that can be designated as bike routes because they provide convenient access to community resources and have low traffic volumes and/or speeds;

• Roads that should be marked with bicycle lanes to direct bicyclists because of the connections that the roads can create, and;

• Paths and trails that can augment roads in order to create a network of bikeways to serve the subject community.

The agency having jurisdiction over any highway to be designated as a bikeway or marked with bike lanes shall approve the proposed designation, which approval shall not be unreasonably delayed or withheld. A bikeway or bike lane that conforms with design guidelines published by the Department or AASHTO shall be assumed to be of an acceptable design unless specific, objective engineering deficiencies in its design can be enumerated by the agency having jurisdiction over the roadway.

3.1.16 Liability A county and its engineer, as to a county highway or project, and a municipality and its engineer, as to a municipal street or project, shall not be held liable for damages arising from any crash as a result of designating a roadway as a bikeway or marking a portion of the roadway with bicycle lanes, provided that the county or municipality adhered to generally accepted guidelines.

(Note: this section would have to be carefully drafted to accomplish the objective of silencing the concerns of some engineers that they may be held liable for encouraging bicyclists to use their roads if bicycle lanes were striped or bikeways were designated.)

3.1.17 Impact of parked cars on moving vehicles including bicycles Parked cars present two sets of problems for bicyclists – “dooring”, that is a door of a vehicle being opened into the path of an approaching bicyclist, and conflicts with vehicles entering and exiting parking spaces. Although these hazards are particularly serious for bicyclists, because of their lack of protection, they also are hazards for drivers of motor vehicles traveling adjacent to parking spaces.

The principal responsibility for avoiding a hazardous situation rests with the bicyclist; bicyclists are already allowed to move to the left to avoid hazards associated with parked vehicles. However, statutory language is needed to also establish responsibilities for operators and occupants of parked motor vehicles.

The following language is recommended:

Supplement C. 39:4-135 with the following two new sections using language adapted from the Uniform Vehicle Code:


C. 39:4-135.1 Opening and closing vehicle doors 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, taking special precaution not to interfere with bicycle traffic, nor shall any person leave a door open on a side of a vehicle adjacent to moving traffic for a period of time longer than necessary to load or unload passengers.

C. 39:4-135.2 Starting a parked vehicle No person shall begin to drive a vehicle that is stopped, standing or parked unless and until such movement can be made with reasonable safety and without interfering with the movement of other traffic. Special care shall be taken to assure that such movement will not interfere with an approaching bicycle or with any pedestrian.

3.2 Pedestrian issues

3.2.1 Definition of pedestrian The definition of pedestrian in C. 39:1-1 shall be amended to read as follows:

“Pedestrian” means a person afoot, or any person in a wheelchair, either manually or mechanically propelled, or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person, or any person using crutches, or any person being pushed in a stroller, carriage or similar device by another pedestrian.

3.2.2 Safe opportunities for pedestrian crossings This new section should be provided either in Title 39 or Title 27.

The Commissioner as to state highways, each municipal governing body as to municipal highways, and each county board of freeholder as to county highways shall assure that each highway in the state that is located in a residential or business district provides safe and convenient opportunities for pedestrians to cross the highway.

At least one accessible pedestrian crossing shall be provided every 300 linear feet along any arterial or collector highway located in a residential or business district that the State Planning Commission has designated to be a center.

At least one accessible pedestrian crossing shall be provided every 660’ in any urban or suburban area that has not been designated as a center by the State Planning Commission.

3.2.3 Safety zones This new section should be provided in either Title 39 or Title 27.

An accessible pedestrian crossing not located at an intersection shall be provided with a safety zone if it is located on any roadway having a traffic volume greater than 12,000 vehicles a day. (Source: Zegeer mid-block crosswalk study)

The provision of accessible mid-block pedestrian crossings with safety zones shall be encouraged at frequent locations along highways classified by the Department as arterials and located within residential or business districts, including suburban districts, and in rural districts where pedestrians frequently cross a highway.


3.2.4 Crossing distances Appropriate sections of Title 27 should be amended or supplemented to accomplish the following objective.

Designers of roadways shall seek to limit to sixty (60) feet the distance that a pedestrian must cross before reaching the opposite side of the street or a raised safety zone at all designated crossing locations, including intersections controlled by traffic signals.

3.2.5 Meaning of crosswalks Amend C. 39:4-33 to read as follows:

At intersections where traffic is directed by a police officer or traffic signal, no pedestrian shall enter upon or cross the highway at a point other than a marked or unmarked crosswalk. Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

The provision of a marked crosswalk at such an intersection shall not mean that pedestrians may not cross at unmarked crosswalks situated at other locations within the intersection. Pedestrians shall be generally free to use the marked or unmarked crosswalk that provides the most convenient and direct crossing possible unless an engineering analysis has determined that such a crossing presents a specific safety hazard for the pedestrian. Delay or inconvenience to motor vehicle drivers shall not be considered a hazard for the purpose of this article.

Amend C. 39:4-37 to read as follows:

Local authorities in their respective jurisdictions may regulate by ordinance, which shall first be approved by the director, the crossing of pedestrians at intersections of roadways where traffic on the roadways is controlled by traffic control signals.

The provision of a marked crosswalk at an intersection controlled by traffic control signals shall not mean that pedestrians may not cross at unmarked crosswalks situated at other locations within the intersection. Pedestrians shall be generally free to use the marked or unmarked crosswalk that provides the most convenient and direct crossing possible unless an engineering analysis has determined that such a crossing presents specific safety hazards. Delay or inconvenience to motor vehicle drivers shall not be considered a hazard for the purpose of this article.

3.2.6 Define local streets Amend C. 39:1-1 to include the following definition for a local street:

“Local street” shall mean a highway having an average daily traffic volume of less than 1500 vehicles per day and that is posted with a speed limit of less than 35 miles per hour.

Note: 1500 vehicles per day is the upper threshold that the Residential Site Improvement Standards establish for a residential neighborhood street.

3.2.7 Pedestrian crossings at locations not controlled by a police officer or a traffic control signal

Amend C. 39:4-34 as follows:


39:4-34 Pedestrians to cross within crosswalk or at right angles; facing traffic; sidewalks

Where traffic is not controlled and directed either by a police officer or a traffic control signal, pedestrians shall cross the roadway within a crosswalk or, in the absence of a crosswalk, and where not otherwise prohibited, at right angles to the roadway. This section however shall not apply to pedestrians crossing local streets. It shall be unlawful for a pedestrian to cross any highway having roadways separated by a medial barrier, except where provision is made for pedestrian crossing.

The remainder of C. 39:4-34 should be moved to the following three new and supplementary sections.

3.2.8 Pedestrian crossing of highway with roadways separated by a medial barrier Add the following new and supplementary section: (Note: a keyword search indicated that the term “medial barrier” is not defined in the state statutes. It is unclear if the current prohibition is intended to apply to any median or only to a Jersey barrier type median. A middle approach is proposed here – medians with curbs or barriers greater than eight inches in height shall be assumed to be medial barriers that prohibit pedestrian crossings. Conventional vertical curbs along urban streets usually have a height of six inches or less; barriers and guide rails are usually 18” or greater in height, although some barriers less than one foot in height may still be in use. )

C. 39:4-34.1 Pedestrian crossing of highway with roadways separated by a medial barrier

It shall be unlawful for a pedestrian to cross any highway having roadways separated by a medial barrier that has a height greater than eight inches (8”). This section shall not apply to local streets, which pedestrians may cross at any location.

3.2.9 Provisions for pedestrian crossings Add the following new and supplementary section. Note: the following language may need additional supplemental language added to state, county and municipal highway construction statutes that appear in Title 27 and Title 40.

C. 39:4-34.2 Provisions for pedestrian crossings

The design of any highway having roadways separated by a raised median or medial barrier, other than a limited access highway, shall incorporate frequent and convenient provisions for accessible pedestrian crossings. In suburban and urban areas, provisions for accessible pedestrian crossings shall be provided at least once every 660 feet unless the agency having jurisdiction can document that there are no land uses that can produce pedestrian trips and that the characteristics of the land prohibit the development of any future land use that could generate pedestrian trips.

The design of any accessible pedestrian crossing of a medial barrier or raised median shall incorporate an effective safety zone created by a raised medial island having a width of at least 8’ and that complies with design standards to be issued by the Commissioner of Transportation.

3.2.10 Pedestrians traveling along highways other than local streets Add the following new and supplementary section.


C. 39:4-34.3 Pedestrians traveling along highways other than local streets

All highways in New Jersey shall be designed to accommodate the safe movement of pedestrians. For pedestrians seeking to walk along highways other than local streets, the following shall apply:

(a) Where there are no sidewalks or paths provided for pedestrian use, pedestrians shall, when practicable, walk only on the extreme left side of the roadway or its shoulder, facing approaching traffic, except that pedestrians may walk in either direction along the highway’s berm if it provides a place to walk.

(b) Where sidewalks are provided along both sides of a highway other than a local street, it shall be unlawful for any pedestrian to walk along or upon an adjacent roadway.

(c) Where sidewalks are provided along only one side of a highway other than a local street, pedestrians shall seek to use the sidewalk provided. However, this shall not mean that a pedestrian shall be prohibited from walking along the side of the highway lacking a sidewalk unless an engineering study has determined that the lack of adequate sight distance makes walking hazardous along the shoulder or the edge of the roadway if no shoulder is available. In the event that an engineering study has determined that a hazardous condition exists, temporary signs shall be erected to restrict pedestrians from using that portion of the roadway or shoulder. The agency having jurisdiction over such a hazardous roadway shall immediately initiate plans to remedy the safety deficiency so that pedestrians can be allowed to walk upon the roadway or shoulder, or a sidewalk shall be constructed.

(d) Where a medial divider having a height greater than six inches physically prohibits pedestrian crossings, or where pedestrian crossings of a highway are prohibited by C. 39:4-34.1 or any other traffic control regulation or ordinance, pedestrians shall not be prohibited from walking in either direction along the paved shoulder of a highway, or along the edge of the roadway if a paved shoulder is not available.

(e) Nothing in this section shall prohibit any pedestrian from traveling on the shoulder of a roadway, or the edge of the roadway if no shoulder is available, in the event that the sidewalk:

(i) is obstructed by snow, water, mud, overgrown landscaping or debris or obstruction, or;

(ii) cannot be accessed as a result of the absence of curb ramps.

(f) Despite the provisions of this article, a person may jog or run on the extreme left side of the roadway or its shoulder, facing approaching traffic, on any highway unless the Commissioner by regulation has prohibited any pedestrian use of the highway.

3.2.11 Pedestrian use of local streets Add the following new section:


C. 39:4-34.4 Pedestrian use of local streets

Sections of this chapter restricting the movement of pedestrians across or along highways shall not apply to local streets, nor shall this chapter limit pedestrians from the full access and use of local streets.

Drivers of motor vehicles on local streets shall be observant of pedestrians on the street and shall yield the right-of-way to any pedestrian encountered.

Pedestrians using a local street shall not block or unreasonably delay the passage of any vehicle.

3.2.12 Play streets New section:

C. 39:4-34.5 Play streets

A municipality may designate a segment of a local street a play street after:

a) conducting an engineering analysis to determine if the benefits of establishing such a designation would outweigh any negative impacts, and;

b) determining that the use of the local street as a play street will be reasonably safe.

The municipality shall provide appropriate signage, markings or other devices to alert drivers to the probable use of the street for play.

3.2.13 Speed limits – C. 39:4-98 Amend subparagraph (a) of C. 39:4-98 as follows:

a. Twenty-five miles per hour, when passing through a school zone

(i) during recess, when the presence of children is clearly visible from the roadway, or

(ii) while children are going to or leaving school, during opening or closing hours; or

(iii) at any other time when children are visible along the street within the school zone

Add the following to C. 39:4-98 -- relabel existing subparagraph (c) subparagraph (d).

(c) 20 miles per hour on any local street, as defined in this Title, in a residential or business district, provided that the local municipality has adopted by ordinance a lowered speed limit to better protect quality of life and pedestrian safety along the street. Signage shall be provided identifying the local street as one on which a reduced speed limit has been adopted.

3.2.14 Traffic signal poles not to block pedestrians Amend C. 39:4-114 -- Traffic signal in paved roadway or poles in crosswalk lanes prohibited

No traffic signal shall be so located as to obstruct the paved width of the highway, nor shall any pole carrying signal supports be so placed as to be in a marked or unmarked


pedestrian crosswalk, a pedestrian curb ramp, a sidewalk landing or a sidewalk. Where there is, or may hereafter be erected a fixed raised safety zone, the highway area covered by the raised safety zone shall not be construed to mean the paved width of the highway.

3.2.15 Traffic signs and utility poles Provide new statute based on language from the MUTCD and ADA Accessible Rights-of-Way:

Traffic signs and utility poles shall not be placed within the pedestrian zone of a sidewalk corridor. No protruding object shall be installed within a sidewalk corridor so as to create a hazard as determined by regulations of the U.S. Access Board.

Utility companies and agencies having jurisdiction over signs shall inventory all non-complying poles and signs and shall develop a plan to remove all poles or signs from the pedestrian zone within an eight year period from the date this legislation is enacted.

After two years from the date this legislation is enacted, a utility company, public agency or other person having control over a non-complying pole or sign shall be subject to a fine of not less than $100 and not more than $500 for each violating incidence. Each day that a non-complying pole or sign remains within a sidewalk corridor shall constitute a separate incident. This section shall not apply to any pole or sign that is included within a plan for removing non-complying poles and signs and which is scheduled to be replaced within the eight year period grace period established by this section.

3.2.16 Compliance with ADA pedestrian rights-of-way Provide a new section that:

• Requires the state, all counties and all municipalities to comply with regulations and guidelines of the U.S. Access Board governing pedestrian rights-of-way.

• Establishes a process requiring each jurisdiction to develop a plan to remedy current deficiencies along pedestrian rights-of-way.

• Provides a funding source for this work.

3.2.17 Pedestrian access to and through commercial properties fronting on a highway Provide the following new section to C. 40:65

C. 40:65-17 Pedestrian access to commercial property abutting a highway.

(a) Where commercial or other non-residential properties other than agriculture abut a highway, and where the public is invited to enter the property through the construction of access drives, the provision of parking lots and the erection of premise signage, reasonable and convenient pedestrian access to and from the property shall not be restricted.

(b) If a property described in subparagraph (a) abuts a section of highway that lacks sidewalks on its side of the street, the owner of the property shall either:

(i) Construct a sidewalk along the highway within the berm portion of the right-of-way reserved for the purpose of sidewalk construction, or;


(ii) Construct convenient pathways or walkways or pedestrians routes across the owner’s property to permit pedestrians to traverse the frontage of the lot

3.3 Traffic Calming Provide new legislation, most likely to Title 27, Chapter 16 for counties and similar legislation for Title 40, Chapter 55 for municipalities.

Any municipality or county may reconstruct any highway or segment of a highway under its jurisdiction in order to reduce the effective design speed of the highway in order to attain a desired and consistent speed profile among the drivers of vehicles using the highway. To assure that drivers adhere to a desired maximum speed on the street, the municipality or county may install devices that require a reduction in vehicle speed equal to 60% of the posted or permitted speed.

3.3.1 Traffic calming devices The legislature finds that a variety of traffic calming devices are available that, if properly installed based on an engineered plan, can improve motor vehicle safety, enhance the quality and safety of highways for other users, and improve the quality of life for abutting property owners. The Commissioner, counties and municipalities are encouraged to install traffic calming devices on the highways of New Jersey, provided that in each instance an engineering study has determined that the selected devices are appropriate for the site conditions and are consistent with the expectations of roadway users regarding the class of highway being calmed.

3.3.2 Curb extensions To encourage the use of curb extensions at both mid-block crosswalks and at intersections, reduce the statutory no-parking zones established by C. 39:4-138 as follows:

e. Within 25 feet of the nearest crosswalk or side line of a street or intersecting highway, except within 10 feet at alleys or where a curb extension of at least six feet has been provided for the crosswalk;

h. Within 50 feet of a “stop” sign, except where a curb extension of at least six feet has been provided at the intersection that assures that the stop sign can be seen by the driver of any approaching vehicle;

3.3.3 Local improvements When at least 60% of the property owners along a local street petition the municipality to construct traffic calming devices on the street, the municipality may construct traffic calming devices as a local improvement, with the costs to be assessed to the abutting property owners. The cost of implementing such a plan may be bonded by the municipality for a ten-year period and amortized over that period by the property owners.

A traffic calming improvement plan and the plan for the benefit assessment shall be referred to the abutting property owners, of whom at least 75% must approve of the plan.


Nothing in this subsection shall be interpreted to prohibit a municipality from constructing traffic calming devices on a municipal street as a general improvement when the governing body determines that such a general improvement is desirable.

3.3.4 Angled parking Municipalities should be allowed to permit angled parking in business districts that have been designated as centers and where the roadway geometry can support angled parking. The following amended language is recommended based on §11-1004 (c) of the Uniform Vehicle Code.

Amend the last paragraph of C. 39:4-8(c) to read as follows:

Nothing in this subsection shall allow municipalities or counties to establish angle parking or to reinstate or add parking on any street, or approve the closure of streets for more than 48 continuous hours, without the approval of the Commissioner of Transportation.

Provide a new article to Chapter 39:4 to read as follows:

Angle parking

As used in this article, “designated center” shall mean a residential or business district that is located within an area that the State Planning Commission has designated to be a center.

(a) A municipality or county may by ordinance or resolution permit angle parking on any roadway under its respective jurisdiction that is located within a business area that has been designated as a center by the State Planning Commission, provided that an engineering study has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

(e) A municipality may conduct an engineering study to determine if a State highway that is located within a designated center is of sufficient width to permit angle parking without interfering with the safe movement of traffic, including bicycle and pedestrian traffic. If such a study concludes that angle parking can be installed, the municipal governing body may request the Commissioner to authorize the requested angle parking, and the Commissioner shall, by regulation, authorize the parking if the Commissioner determines by review of the engineering study that angle parking is appropriate.

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