ASSEMBLY, No. 731

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman GREGG

An Act concerning the rate of speed on certain highways and amending R.S.39:4-98.

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

    1. R.S.39:4-98 is amended to read as follows:

    39:4-98. Rates of speed. Subject to the provisions of [sections] R.S.39:4-96 and R.S.39:4-97 [of this Title] and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following:

    a. Twenty-five miles [an] per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours;

    b. Twenty-five miles [an] per hour in any business or residential district;

    c. Fifty miles [an] per hour in all other locations; except as otherwise provided in subsection d. of this section;

    d. Sixty-five miles per hour on those portions of the state highway system where this rate of speed is permitted by federal law.

    Whenever it shall be determined upon the basis of an engineering and traffic investigation that any speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, the Commissioner of Transportation, with reference to State highways, may by regulation and municipal or county authorities, with reference to highways under their jurisdiction, may by ordinance, in the case of municipal authorities, or by ordinance or resolution, in the case of county authorities, subject to the approval of the Commissioner of Transportation, except as otherwise provided in R.S.39:4-8, designate a reasonable and safe speed limit thereat which, subject to the provisions of R.S.39:4-96 and R.S.39:4-97, shall be prima facie lawful at all times or at such times as may be determined, when appropriate signs giving notice thereof are erected at such intersection, or other place or part of the highway.

    The driver of every vehicle shall, consistent with the requirements of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

    The Commissioner of Transportation shall cause the erection and maintenance of signs at such points of entrance to the State as are deemed advisable, setting forth the lawful rates of speed, the wording of which shall be within his discretion.

(cf: P.L.1983, c.227, s.2)

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

STATEMENT

    This bill establishes a 65 miles per hour (mph) speed limit on those portions of the highway system in New Jersey where permitted by federal law.

    Under federal law, those portions of eligible interstate and non-interstate highway systems that run through non-urbanized areas may have 65 mph speed limits. Approximately 215 miles of New Jerseys highways administered by the State Department of Transportation would qualify for a 65 mph speed limit.

Establishes 65 mph speed limit for portions of state highway system.