ASSEMBLY, No. 2839

STATE OF NEW JERSEY

INTRODUCED MARCH 20, 1997

By Assemblymen GARRETT and CARROLL

An Act concerning high occupancy vehicle lanes and amending and supplementing P.L.1992, c.32.

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

    1.    Section 4 of P.L.1992, c.32 (C.27:26A-4) is amended to read as follows:

    4. a. To the end that the problems of traffic congestion and its attendant economic, social and environmental costs and effects shall be dealt with in a comprehensive manner, the department shall analyze already existing data related to commutation patterns, including origin-destination data; and shall engage in or analyze comprehensive traffic congestion studies in order to provide for a more complete and detailed picture of the level and sources of congestion on State highways, county and municipal roads, as well as toll bridges and toll roads.

    b. Based upon this analysis or study, the department shall develop a comprehensive strategy of transportation control measures to deal with congestion and air pollution problems in the State, including but not limited to placing special emphasis on the completion of "missing links" in the State highway system, [use of high occupancy vehicle lanes,] priority treatment of high occupancy vehicles, the adoption of traffic system management, such as improved signage, synchronization of traffic lights, resurfacing of highway pavements, the use of "intelligent vehicle" highways, the maximum possible use of public transportation and other appropriate measures to facilitate the smooth flow of traffic in the State. [No high occupancy vehicle lanes shall be established on a highway unless public transit alternatives are evaluated and marketed for that highway.]

(cf: P.L.1992, c.32, s.4)

    2.     (New Section) Notwithstanding any law, rule or regulation to the contrary, the Commissioner of Transportation shall not restrict the use of certain lanes on any highway under the jurisdiction of the Department of Transportation to high occupancy vehicles.

    3.    (New section) Nothing in this act shall prevent the New Jersey Highway Authority, the New Jersey Turnpike Authority, or the South Jersey Transportation Authority from requiring the use of high occupancy vehicles to certain lanes on any highway project under their respective jurisdiction.

    4.    (New section) The Department of Transportation shall, within 180 days of the effective date of this act, adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to effectuate the purposes of this act.

    5. This act shall take effect immediately.

STATEMENT

    This bill directs the Commissioner of Transportation to abolish the requirement that restricts the use of certain lanes on any highway under the jurisdiction of the Department of Transportation (DOT) to high occupancy vehicles (HOV) and removes the requirement that DOT include the use of HOV lanes in its comprehensive strategy of transportation control measures, as currently required under the "New Jersey Traffic Congestion and Air Pollution Control Act" (P.L.1992, c.32). The bill would not affect any HOV lane project operated under the jurisdiction of the New Jersey Highway Authority, the New Jersey Turnpike Authority, or the South Jersey Transportation Authority.

Requires DOT to abolish high occupancy vehicle lanes on highways under its jurisdiction.