A4871

An Act concerning the display of emergency warning lights on certain vehicles and amending P.L.1977, c.223 and P.L.1985, c.171.

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

1. Section 1 of P.L.1977, c.223 (C.39:3-54.7) is amended to read as follows:

1. a. An active member in good standing of any of the following organizations may mount and operate, on a motor vehicle operated by that member, an emergency warning light or lights as provided in P.L.1977, c.223 (C.39:3-54.7 et seq.):

(1) a volunteer fire company or a volunteer first aid or rescue squad recognized by and rendering service in any municipality; [or]

(2) any county or municipal volunteer Office of Emergency Management recognized by and rendering service in any county or municipality, provided the member's official duties include responding to a fire or emergency call; or

(3) a county fire coordinator or deputy county fire coordinator, as defined in section 3 of P.L.2003, c.28 (C.52:14E-13).

b. The Chief Administrator of the New Jersey Motor Vehicle Commission shall not require the member to specify on which motor vehicles the emergency warning light or lights may be mounted.

(cf: P.L.2005, c.218, s.1)

2. Section 5 of P.L.1977, c.223 (C.39:3-54.11) is amended to read as follows:

5. a. (1) The Chief Administrator of the New Jersey Motor Vehicle Commission shall prepare suitable identification cards in a form and manner prescribed by and bearing the signature of the chief administrator which, upon the request of the mayor or chief executive officer of any municipality recognizing and being served by a volunteer fire company or a volunteer first aid or rescue squad [on a form and in a manner prescribed by the chief administrator], shall be forwarded to the mayor or chief executive officer, to be countersigned and issued by the mayor or chief executive officer to the members in good standing of the volunteer fire company or first aid or rescue squad.

(2) The Chief Administrator of the New Jersey Motor Vehicle Commission shall prepare suitable identification cards in a form and manner prescribed by and bearing the signature of the chief administrator which, upon the request of the County Executive or Director of the Board of Chosen Freeholders recognizing and being served by a county fire coordinator or deputy county fire coordinator, shall be forwarded to the County Executive or director, to be countersigned and issued by the County Executive or director to the county or deputy county fire coordinator.

b. Identification cards issued pursuant to subsection a. of this section and sections 5 and 6 of P.L.2005, c.34 (C.39:3-54.22 and C.39:3-54.23) shall be considered permits to mount and operate emergency warning lights as provided for in P.L.1977, c.223 (C.39:3-54.7 et seq.) and shall apply to any motor vehicle driven by the member of a volunteer fire company, a volunteer first aid or rescue squad [or] , a volunteer Office of Emergency Management, or a county or deputy county fire coordinator. Emergency warning lights shall not be mounted prior to the issuance of the identification cards. Each member of a volunteer fire company, a volunteer first aid or rescue squad [or] , a volunteer Office of Emergency Management [must] , or a county or deputy county fire coordinator shall carry the identification card while an emergency warning light or lights are operated on the vehicle.

(cf: P.L.2005, c.218, s.4)

3. Section 6 of P.L.1977, c.223 (C.39:3-54.12) is amended to read as follows:

6. Nothing contained herein is intended to grant to any member of a volunteer fire company, a volunteer first aid or rescue squad [or] , a volunteer Office of Emergency Management , or a county fire coordinator or deputy county fire coordinator any privileges or exemptions denied to the drivers of other vehicles, and [such] the members operating emergency warning lights shall drive with due regard for the safety of all persons and shall obey all the traffic laws of this State including R.S.39:4-81[, provided, however, that the] . The drivers of non-emergency vehicles upon any highway shall yield the right of way to the vehicle of any member of a volunteer fire company, a volunteer first aid or rescue squad [or] , a volunteer Office of Emergency Management , or a county or deputy county fire coordinator operating emergency warning lights in the same manner as is provided for authorized emergency vehicles pursuant to R.S.39:4-92.

(cf: P.L.2005, c.218, s.5)

4. Section 1 of P.L.1985, c.171 (C.39:3-54.15) is amended to read as follows:

1. A current chief or first assistant chief of a volunteer fire company, or chief officer of a first aid or rescue squad, recognized by and rendering service in any municipality, or a county fire coordinator or deputy county fire coordinator may mount and operate on a motor vehicle owned by him and registered in his name a red emergency warning light or lights, a siren, or both, as prescribed in P.L.1985, c.171 (C.39:3-54.15 et seq.). The size and type of lights and siren, and the location of their controls, shall be determined by the Chief Administrator of the New Jersey Motor Vehicle Commission.

(cf: P.L.2005, c.218, s.7)

5. Section 2 of P.L.1985, c.171 (C.39:3-54.16) is amended to read as follows:

2. All red emergency lights shall be mounted on the exterior of the motor vehicle. No more than two red emergency warning lights shall be installed on a vehicle. If one light is used it shall be installed in the center of the roof of the vehicle, or on the left windshield column in a position where a spotlight is normally located. If two lights are used they may be placed on the windshield columns on each side of the vehicle where spotlights are normally mounted, or on either side of the roof at the front of the vehicle directly back of the top of the windshield. Under no circumstances may one light be placed on the roof and one on a windshield column in the spotlight position. They shall be operated only while the vehicle is being used by the registered owner chief [or], first assistant chief, or county or deputy county fire coordinator in answering a fire or emergency call.

(cf: P.L.1985, c.171, s.2)

6. Section 3 of P.L.1985, c.171 (C.39:3-54.17) is amended to read as follows:

3. All sirens shall be mounted under the hood of the motor vehicle and shall be operated only while the vehicle is being used by the registered owner chief [or] , first assistant chief, or county or deputy county fire coordinator in answering a fire or emergency call.

(cf: P.L.1985, c.171, s.3)

7. Section 4 of P.L.1985, c.171 (C.39:3-54.18) is amended to read as follows:

4. a. The [Director of the Division of Motor Vehicles] Chief Administrator of the New Jersey Motor Vehicle Commission shall prepare suitable identification cards in a form and manner prescribed by and bearing the signature of the [director] chief administrator, which, upon the request of the mayor or chief executive officer of any municipality recognizing and being served by a volunteer fire company, [on a form and in a manner prescribed by the director,] shall be forwarded to the mayor or chief executive officer, to be countersigned and issued by the mayor or chief executive officer to the chief or first assistant chief of the volunteer fire company.

Identification cards issued pursuant to this [section] subsection shall be considered permits to [display] mount and operate red emergency warning lights, sirens, or both, as provided for in [this act, and no] P.L.1985, c.171 (C.39:3-54.15 et seq.). Red emergency warning lights or sirens shall not be mounted prior to the issuance of the identification cards. Each chief or first assistant chief of a volunteer fire company shall carry the identification card while red emergency warning lights, sirens, or both, are [displayed on his] operated on the vehicle.

b. The Chief Administrator of the New Jersey Motor Vehicle Commission shall prepare suitable identification cards in a form and manner prescribed by and bearing the signature of the chief administrator, which, upon the request of the County Executive or Director of the Board of Chosen Freeholders recognizing and being served by a county or deputy county fire coordinator, shall be forwarded to the County Executive or director, to be countersigned and issued by the County Executive or director to the county or deputy county fire coordinator.

Identification cards issued pursuant to this subsection shall be considered permits to mount and operate red emergency warning lights, sirens, or both, as provided for in P.L.1985, c.171 (C.39:3-54.15 et seq.). Red emergency warning lights or sirens shall not be mounted prior to the issuance of the identification cards. Each county or deputy county fire coordinator shall carry the identification card while red emergency warning lights, sirens, or both, are operated on the vehicle.

(cf: P.L.1985, c.171, s.4)

8. Section 5 of P.L.1985, c.171 (C.39:3-54.19) is amended to read as follows:

5. This act shall not grant to any chief or first assistant chief of a volunteer fire company , or any county or deputy county fire coordinator, any privileges or exemptions denied to the drivers of other vehicles, and persons displaying red emergency warning lights, sirens, or both, shall drive with due regard for the safety of all persons and shall obey the traffic laws of this State; but drivers of nonemergency vehicles upon any highway shall yield the right of way to the vehicle of any chief or first assistant chief of a volunteer fire company and any county or deputy county fire coordinator displaying red emergency warning lights, sirens, or both, in the same manner as is provided for authorized emergency vehicles pursuant to R.S.39:4-92.

(cf: P.L.1985, c.171, s.5)

9. This act shall take effect immediately.

STATEMENT

This bill authorizes county fire coordinators and deputy county fire coordinators, as defined in section 3 of P.L.2003, c.28 (C.52:14E-13), to operate and display emergency warning lights, including red emergency warning lights and sirens.

Under current law, blue emergency warning lights may be operated by a volunteer fire company or a volunteer first aid or rescue squad or by a county or municipal volunteer Office of Emergency Management whose official duties include responding to a fire or emergency call, provided the company or volunteer is recognized by and rendering service by a county or municipality. Red emergency warning lights may be operated by a chief or first assistant chief of a volunteer fire company. This bill authorizes county and deputy county fire coordinators to operate these emergency warning lights if certain conditions are met.

In order for a county or deputy county fire coordinator to mount and operate any emergency warning light, regardless of its color, the bill requires the Chief Administrator of the New Jersey Motor Vehicle Commission to prepare suitable identification cards bearing the chief administrator’s signature upon the request of the County Executive or Director of the Board of Chosen Freeholders recognizing and being served by a county or deputy county fire coordinator. The identification cards would be countersigned and issued by the County Executive or director to the county or deputy county fire coordinator. No emergency warning lights could be mounted prior to the issuance of the identification cards, and a county or deputy county fire coordinator would need to carry the identification card while any emergency warning light operates on the vehicle. These identification requirements are identical to those imposed under existing law for other authorized drivers operating emergency warning lights.

Nothing in current law or this bill grants a county fire coordinator or deputy county fire coordinator any privileges or exemptions denied to the drivers of other vehicles, and the driver operating emergency warning lights is to drive with due regard for the safety of all persons and obey all State traffic laws.