[First Reprint]

ASSEMBLY, No. 354

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Assemblyman  REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblyman  PETER J. BARNES, III

District 18 (Middlesex)

Assemblyman  GARY R. CHIUSANO

District 24 (Morris, Sussex and Warren)

Assemblywoman  MARLENE CARIDE

District 36 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblywoman McHose, Assemblymen Wisniewski, Caputo and Space

 

 

 

 

SYNOPSIS

     Requires all lamps and lighting devices on motor vehicles be kept in working order.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on December 17, 2012.

  


An Act concerning motor vehicle lighting 1[and],1 amending R.S.39:3-61 1[and R.S.39:3-66] and supplementing chapter 3 of Title 39 of the Revised Statutes1.

 

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

 

     1.  R.S.39:3-61 is amended to read as follows:

     39:3-61.  (a) Every motor vehicle other than a motor cycle and other than a motor-drawn vehicle shall be equipped on the front with at least 2 headlamps, an equal number at each side, and with 2 turn signals, one on each side;  and on the rear with 2 tail lamps, 2 1or more1 stop lamps, 1as prescribed by section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill),1 2 turn signals and 2 reflectors, one of each at each side;  except that a passenger vehicle manufactured before July 2, 1954, and registered in this State may be equipped with one stop lamp, one reflector and one tail lamp and is not required to be equipped with turn signals.  In addition, every such vehicle shall be equipped with adequate license plate illumination, and with one or more lamps capable of providing parking light as required in section 39:3-62.  Turn signals are not required on  the rear of a truck tractor equipped with double-faced turn signals on or near  the front and so constructed and located as to be visible to passing drivers.

     (b) Every truck tractor manufactured after January 1, 1965, shall be equipped on the front with 2 clearance lamps, one at each side, and 3 identification lamps, which shall be in addition to the lamps provided for in paragraph (a) of this section.  Where the cab is not more than 42 inches wide at the front roof line, a single lamp at the center of the cab shall be deemed to comply with the requirement for front identification lamps. Reflectors required on the rear of a truck tractor may be located on the rear of the cab, one at each side.

     (c) Every truck 80 inches or more in over-all width except a dump truck and except a truck 80 inches or more in over-all width which is not in excess of 25 feet in over-all length and manufactured prior to January 1, 1965, shall be equipped with the following lamps and reflectors in addition to those provided for in paragraph (a) of this section;

     On the front, 2 clearance lamps, one at each side, and 3 identification lamps except that where the cab is not more than 42 inches wide at the front roof line, a single lamp at the center of the cab shall be deemed to comply with the requirement for front identification lamps;

     On the rear, 2 clearance lamps, one at each side, and 3 identification lamps;

     On each side, one side-marker lamp and one reflector at or near the front, and one side-marker lamp and one reflector at or near the rear.

     (d) Every trailer or semitrailer shall be equipped on the rear with 2 tail lamps, 2 stop lamps, 2 turn signals and 2 reflectors, one of each at each side, and with adequate license plate illumination.

     (e) Every trailer or semitrailer 80 inches or more in over-all width, except a dump truck trailer, a dump truck semitrailer or a converter dolly, shall be equipped with the following lamps and reflectors in addition to those provided  for in paragraph (d) of this section:

     On the front, 2 clearance lamps, one at each side;

     On the rear, 2 clearance lamps, one at each side, and except with respect to cable reel trailers, 3 identification lamps;

     On each side, one side-marker lamp and one reflector at or near the front, and one side-marker lamp and one reflector at or near the rear; and on any such vehicle 30 feet or more in length, at least one additional side-marker lamp at optional height and at least one additional reflector, the additional lamp (or lamps) and reflector (or reflectors) to be at or near the center or at approximately uniform spacing in the length of the vehicle.

     (f) Every pole trailer shall be equipped as follows:

     On the rear, 2 tail lamps, one at each side; 2 stop lamps, one at each side; 2 turn signals, one at each side; 2 reflectors, one at each side, placed to indicate extreme width of the pole trailer; 3 identification lamps mounted on the vertical center line of the pole trailer or in lieu thereof mounted on the vertical center line of the rear of the cab of the truck tractor drawing the pole trailer and higher than the load being transported.

     On each side, one amber side-marker lamp at or near the front of the load; one amber reflector at or near the front of the load; on the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer; on the rearmost support for the load, one red reflector.

     Nothing in this subsection (f) shall apply to a single axle, skeleton frame trailer, not exceeding 2,500 pounds net weight and not exceeding 80 inches in over-all width which is designed to transport poles and is owned by a public  utility as defined in section 48:2-13 of the Revised Statutes except that such vehicles shall be required to have on the rear, 2 tail lamps, one at each side; stop lamps, one at each side; 2 turn signals, one at each side; 2 reflectors, one at each side on each side; and one amber side-marker lamp at  or near the front of the load.

     (g) Every converter dolly not permanently attached to a semitrailer shall be equipped on the rear with one stop lamp, one tail lamp, 2 reflectors, one at each side, and adequate license plate illumination. These lamps need be lighted only when the converter dolly is being towed singly by another vehicle. A "converter dolly" is a vehicle with a fifth wheel lower half or equivalent mechanism, the attachment of which converts a semitrailer to a trailer.

     (h) Every motor cycle shall be equipped with at least one and not more than 2 headlamps, one tail lamp, one stop lamp, at least one reflector on the rear, adequate license plate illumination and, if a side car or any other extension is attached to the side thereof, one lamp located on the outside limit of the attachment capable of displaying white light to the front.

     (i) Required lamps and reflectors shall be of a type approved by the director.  Turn signals shall be Class A Type 1 lamps except that on passenger cars, and on commercial vehicles less than 80 inches in over-all width they may be Class B lamps.  Reflectors shall be Class A reflex reflectors except that on passenger cars they may be Class B reflex reflectors.

     (j) [Required] 1[All] Required1headlamps, tail lamps, clearance lamps, identification lamps and side-marker lamps shall be lighted and adequate license plate illumination displayed whenever the vehicle other than a converter dolly is upon a highway when lighted lamps are required except when parked and exhibiting lights as provided for in section 39:3-62 or when stopped and displaying emergency warning lights or devices as provided for in section 39:3-64 or section 39:3-54.  Lamps on a converter dolly shall be lighted as provided for in paragraph (g) of this section.  Turn signals on the side toward which a vehicle turn is made shall be flashed to indicate the turning movement.  Stop lamps shall be lighted as provided in section 9 of this act.

     (k) License plate illumination will be deemed to be adequate when either a tail lamp or a separate lamp is so constructed and placed as to illuminate with a white light the rear registration plate on a vehicle and render it clearly legible from a distance of 50 feet to the rear.  Any lamp or lamps providing such illumination shall be lighted whenever the headlamps or other driving lamps are lighted.

     (l) Whenever a law enforcement officer detects a motor vehicle with a lamp not in working order, the driver may be permitted to park the vehicle temporarily at some safe place nearby and make the necessary repairs or replacement to restore the lamp to working order before moving the vehicle, in which event, there is no violation of this Title.

     (m) Every motorbus manufactured before January 1, 1960, that has been inspected and approved as to construction and safety devices by the Board of Public Utility Commissioners shall be
deemed in compliance with the requirements of this section.

(cf: P.L.1964, c.281, s.1)

 

     1[2. R.S.39:3-66 is amended to read as follows:

     39:3-66.  All lamps, reflectors and other illuminating devices [required by this article] equipped on a motor vehicle shall be kept clean and in good working order and, as far as practicable, shall be mounted in such a manner as to reduce the likelihood of their being obscured by mud or dust thrown up by the wheels.

(cf: R.S.39:3-66)]1

 

     12.  (New section) Every motor vehicle, other than a motorcycle, shall be equipped on the rear with at least two stoplights, one at each side of the vertical centerline at the same height and as far apart as practical, except that a passenger vehicle manufactured before July 2, 1954, may be equipped with one stoplight.

     All passenger automobiles manufactured on or after September 1, 1985, shall, in addition, be equipped with a high-mounted rear stoplight on the vertical centerline.

     All multipurpose passenger vehicles, trucks, and modified buses whose overall width is less than 80 inches and whose GVWR is 10,000 pounds or less, manufactured on or after September 1, 1993, shall, in addition, be equipped with a high-mounted rear stoplight on the vertical centerline.

     All multipurpose passenger vehicles, trucks, and modified buses whose overall width is less than 80 inches and whose GVWR is 10,000 pounds or less and whose vertical centerline, when the vehicle is viewed from the rear, is not located on a fixed body panel but separate one or two moveable body section, such as doors, and which lacks sufficient space to install a single high-mounted stoplight on the centerline above such body sections, and which is manufactured on or after September 1, 1993, shall, in addition, be equipped with two high-mounted rear stoplights.

     All stoplights shall be of a type meeting the standards of the United States Department of Transportation or, for motor vehicles manufactured prior to the adoption of such standards, the standards of the Society of Automotive Engineers, and approved by the chief administrator.1

 

     3.    This act shall take effect on the first day of the second month following enactment.