ASSEMBLY, No. 2238

STATE OF NEW JERSEY

210th LEGISLATURE

INTRODUCED MAY 9, 2002

Sponsored by:

Assemblyman ERIC MUNOZ

District 21 (Essex, Morris, Somerset and Union)

SYNOPSIS

    Prohibits use of all-terrain vehicles, dirt bikes, off-road motorcycles, and other similar off-road vehicles in State parks and forests.

CURRENT VERSION OF TEXT

    As introduced.

An Act prohibiting the use of certain vehicles in State parks and forests, supplementing Title 13 of the Revised Statutes, and supplementing and amending Title 39 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. (New section) a. Notwithstanding any other provision of law, rule or regulation to the contrary, the use of an all-terrain vehicle, dirt bike, off-road motorcycle, or any other similar off-road vehicle is prohibited within any State park or forest, and the department shall not grant a permit, or any other type of approval, authorizing the use of an all-terrain vehicle, dirt bike, off-road motorcycle, or any other similar off-road vehicle within any State park or forest.

    b. As used in this section:

    "All-terrain vehicle" means a motor vehicle, designed to travel over any terrain, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 600 cubic centimeters;

    "Dirt bike" means a motor powered vehicle possessing two or more tires, designed to travel over any terrain and capable of traveling off of paved roads, whether or not such vehicle is subject to registration with the Division of Motor Vehicles in the Department of Transportation;

    "Off-road motorcycle" means a motorized two-wheel vehicle, including a dirt bike, which is capable of travel on the entire width of a roadway, path or trail, including banks, ditches, shoulders and medians; and

    "State park or forest" means a State park or forest as defined pursuant to section 3 of P.L.1983, c.324 (C.13:1L-3).

    2. (New section) The Division of Motor Vehicles in the Department of Transportation shall distribute with the registration number and with any renewal thereof, issued pursuant to section 3 of P.L.1973, c.307 (C.39:3C-3), notice that the use of an all-terrain vehicle in any State park or forest is specifically prohibited pursuant to the provisions of section 1 of P.L. c. (C. )(now before the Legislature as this bill).

    3. Section 14 of P.L.1973, c.307 (C.39:3C-14) is amended to read as follows:

    14. The commissioner, with a view towards minimizing detrimental effects on the environment, shall adopt rules and regulations relating to and including, but not limited to, the following:

    a. Use of snowmobiles and all-terrain vehicles insofar as fish, wildlife and plantlife resources are affected;

    b. Use of snowmobiles [and all-terrain vehicles] on public lands and waters under the jurisdiction of the Department of Environmental Protection.

    The commissioner may locate, designate and make available by the effective date of this act appropriate areas of public lands upon which all-terrain vehicle safety education and training programs established or certified by the Director of the Division of Motor Vehicles in accordance with section 15 of P.L.1973, c.307 (C.39:3C-15) may be conducted. The commissioner shall report to the Legislature and the Governor within one year after the effective date of this act on the size and location of the public lands located, designated and made available; on the frequency of the use, or the estimated frequency of use, of these public lands for safety education and training programs; and the environmental impact of this use on the lands.

(cf: P.L.1991, c.322, s.3)

    4. Section 16 of P.L.1973, c.307 (C.39:3C-16) is amended to read as follows:

    16. a. A person under the age of 14 years shall not operate or be permitted to operate any snowmobile or all-terrain vehicle on public lands or waters or across a public highway.

    b. A person less than 16 years of age shall not operate on public lands or waters or across a public highway of this State an all-terrain vehicle with an engine capacity greater than 90 cubic centimeters.

    c. A person less than 18 years of age shall not operate an all-terrain vehicle registered in this State on public lands or waters or across a public highway of this State unless the person has completed an all-terrain vehicle safety education and training course established or certified by the director pursuant to section 15 of P.L.1973, c.307 (C.39:3C-15). At all times during the operation of the all-terrain vehicle, the person shall have in his possession a certificate indicating successful completion of the course.

    d. A person shall not operate an all-terrain vehicle in a State park or forest as defined pursuant to section 3 of P.L.1983, c.324 (C.13:1L-3).

(cf: P.L.1991, c.322, s.5)

    5. Section 19 of P.L.1973, c.307 (C.39:3C-19) is amended to read as follows:

    19. It shall be unlawful for:

    a. Any person to operate or ride as a passenger on any snowmobile or all-terrain vehicle without wearing a protective helmet approved by the director. Any such helmet shall be of a type acceptable for use in conjunction with motorcycles as provided in sections 6 to 9 of P.L.1967, c.237 (C.39:3-76.7 through 39:3-76.10).

    b. Any person to operate a snowmobile or all-terrain vehicle that is not equipped with working headlights, taillights, brakes and proper mufflers as supplied by the motor manufacturer for the particular model, without modifications, nor shall any person operate any snowmobile or all-terrain vehicle in such a manner as to cause a harsh, objectionable or unreasonable noise.

    c. Any person to operate a snowmobile or all-terrain vehicle at any time and in any manner intended or reasonably to be expected to harass, drive or pursue any wildlife.

    d. Any person to operate any snowmobile or all-terrain vehicle during the hours from 1/2 hour before sunset to 1/2 hour after sunrise without having lighted headlights and lighted taillights.

    e. Any person to operate any snowmobile or all-terrain vehicle on the land of another without first securing the permission of the landowner or his duly authorized representative.

    f. Any person to operate a snowmobile or all-terrain vehicle upon railroad or right-of-way of an operating railroad, except railroad personnel in the performance of their duties.

    g. Any person to violate any provision of this act or any rule or regulation adopted pursuant to this act.

    h. Any person to operate an all-terrain vehicle in a State park or forest as defined pursuant to section 3 of P.L.1983, c.324 (C.13:1L-3). (cf: P.L.1985, c.375, s.19)

    6. This act shall take effect immediately.

STATEMENT

    This bill would prohibit, by law, the use of all-terrain vehicles, dirt bikes, off-road motorcycles, or any other similar off-road vehicles in State parks and forests. The bill would specifically prohibit the Department of Environmental Protection from granting a permit, or any other type of approval, authorizing the use of an all-terrain vehicle, dirt bike, off-road motorcycle, or any other similar off-road vehicle within any State park or forest.

    Currently, the use of all-terrain vehicles, dirt bikes, and off-road motorcycles in State parks and forests is prohibited by regulation of the Department of Environmental Protection, except that, pursuant to regulation, the department may grant a permit for organized "special events" to operate these vehicles under prescribed conditions.

    This bill would also require the Director of the Division of Motor Vehicles in the Department of Transportation to provide notice of the prohibition on the use of all-terrain vehicles in State parks and forests at the time the DMV issues a registration number or renewal to the owner of an all-terrain vehicle. Lastly, this bill would amend certain sections of Title 39 of the Revised Statutes that pertain to the use of all-terrain vehicles.