[First Reprint]

ASSEMBLY, No. 2796

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 20, 1997

 

 

By Assemblymen MORAN and CONNORS

 

 

An Act concerning motor vehicle speed limits 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 39:4-96 and 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. (1) Twenty-five miles an 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;

    (2) Twenty-five miles an hour in the vicinity of a park or recreational facility when authorized by the Commissioner or by an ordinance or resolution enacted or adopted by a county or municipality, notwithstanding the provisions of subsection a. of R.S.39:4-8;

    b. (1) Twenty-five miles an hour in any business or residential district;

    (2) Thirty-five miles an hour in any suburban business or residential district;

    c. Fifty miles an hour in all other locations.

    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. Appropriate signs giving notice of the speed limits authorized under the provisions of paragraph (1) of subsection b. and subsection c. of this section may be erected if the commissioner or the municipal or county authorities, as the case may be, so determine they are necessary. Appropriate signs giving notice of the speed limits authorized under the provisions of subsection a. and paragraph (2) of subsection b. of this section shall be erected by the commissioner or the municipal or county authorities, as appropriate.

    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 or resolution as appropriate, reduce the 35 mile an hour speed limit established in a suburban business or residential district pursuant to 1[P.L.1993, c.315] paragraph (2) of subsection b. of this section1 to 25 miles an hour, provided that appropriate signs are posted giving notice of the reduced speed limit. Notwithstanding the provisions of this section, R.S.39:4-8 or any other law to the contrary, a county or municipality shall not be required to perform an engineering and traffic investigation or to obtain the approval of the Commissioner of Transportation in order to effect this reduction.

    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.1993, c.315, s.2)

 

    2. This act shall take effect immediately.


                             

 

Amends law regarding motor vehicle speed limits.