SENATE, No. 1122
STATE OF NEW JERSEY
INTRODUCED MAY 9, 1996
By Senator CIESLA
An Act concerning registration and regulation of off-highway motorcycles and amending P.L.1973, c.307.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1973, c.307 (C.39:3C-1) is amended to read as follows:
1. a. "Commissioner" means the Commissioner of the Department of Environmental Protection.
b. "Director" means the Director of the Division of Motor Vehicles in the Department of Law and Public Safety.
c. "Snowmobile" means any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle.
d. "Special event" means an organized race, exhibition or demonstration of limited duration which is conducted according to a prearranged schedule and in which general public interest is manifested.
e. "All-terrain vehicle" means a motor vehicle, designed to travel over any terrain, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 600 cubic centimeters, but shall not include golf carts.
f. "Off-highway motorcycle" means a two-wheeled motor vehicle designed for off-highway use having a seat or saddle for the operator and handlebars for steering control.
(cf: P.L.1991, c.496, s.7)
2. Section 2 of P.L.1973, c.307 (C.39:3C-2) is amended to read as follows:
2. For the purpose of carrying out the provisions of this act:
a. The director shall have the power, duty and authority to administer and enforce all statutes, rules and regulations, except as otherwise provided by statute, relating to the operation and use of snowmobiles, off-highway motorcycles and all-terrain vehicles on or across a public highway or on public lands or waters, including but not limited to the following:
(1) Registration, identification, numbering and classification
(2) Equipment
(3) Standards of safety
(4) Educational programs
(5) Promulgate rules and regulations to effectuate the purposes of this act.
b. The Commissioner of Environmental Protection shall have the power, duty and authority to administer and enforce all statutes, rules and regulations, except as otherwise provided by statute, relating to snowmobiles, off-highway motorcycles and all-terrain vehicles on the public lands and waters under the jurisdiction of the Department of Environmental Protection.
(cf: P.L.1985, c.375, s.3)
3. Section 3 of P.L.1973, c.307 (C.39:3C-3) is amended to read as follows:
3. Except as otherwise provided, no snowmobile, off-highway motorcycle or all-terrain vehicle shall be operated or permitted to be operated on or across a public highway or on public lands or waters of this State unless registered by the owner thereof as provided by this act. The Director of the Division of Motor Vehicles in the Department of Law and Public Safety is authorized to register and assign a registration number to snowmobiles, off-highway motorcycles and all-terrain vehicles, upon application and payment of the appropriate fee in accordance with the following schedule:
a. For each individual resident snowmobile registration, $5.00, and for each individual resident off-highway motorcycle or all-terrain vehicle registration, $10.00, annually;
b. For each individual nonresident snowmobile registration, $7.00, and for each individual nonresident off-highway motorcycle or all-terrain vehicle registration, $12.00, annually;
c. For replacement of a lost, mutilated or destroyed certificate, $5;
d. For a duplicate registration, $5 at the time of issuance;
e. For an amended registration, $5.
All such registrations shall be issued on or after September 1 in any year and shall be valid through September 30 of the following year, except that the director may suspend or revoke such registration for any violations of this act or of the rules promulgated hereunder.
(cf: P.L.1994, c.60, s.22)
4. Section 4 of P.L.1973, c.307 (C.39:3C-4) is amended to read as follows:
4. Once a registration number is assigned, it shall remain with the registered snowmobile, off-highway motorcycle or all-terrain vehicle until the snowmobile, off-highway motorcycle or all-terrain vehicle is destroyed, abandoned or permanently removed from the State, or until changed or terminated by the director.
(cf: P.L.1985, c.375, s.5)
5. Section 5 of P.L.1973, c.307 (C.39:3C-5) is amended to read as follows:
5. Such registration shall be issued by the director or by agents as designated by him when a snowmobile, off-highway motorcycle or all-terrain vehicle is operated across a public highway or on public lands or waters and shall be in such form as the director shall prescribe. The registration certificate shall be subject to inspection by any law enforcement officer on demand and shall be on the vehicle at all times when in operation.
The registration number assigned shall be displayed on each side of the vehicle in such form, location and manner as prescribed by the director. Registration plate inserts with the year in which registration of an off-highway motorcycle has been granted as well as a marking indicating the vehicle is for off-highway use may be inserted in or attached to its registration plate, as prescribed by the director.
Whenever ownership is transferred or the use of a snowmobile, off-highway motorcycle or all-terrain vehicle for which a registration certificate has already been issued is discontinued, the old registration shall be properly signed and executed by the owner, showing that the ownership has been transferred or its use discontinued, and returned to the director within 10 days of said event. If there is a change of ownership for which a registration certificate has been previously issued, the new owner shall apply for a new registration certificate and set forth the original number in the application. He shall pay the regular fee for the particular snowmobile, off-highway motorcycle or all-terrain vehicle involved. The owner of any registration certificate issued under this section may obtain a duplicate from the division upon application and payment of the fee prescribed.
(cf: P.L.1985, c.375, s.6)
6. Section 6 of P.L.1973, c.307 (C.39:3C-6) is amended to read as follows:
6. a. No registration shall be required for a snowmobile, off-highway motorcycle or all-terrain vehicle operated on private property.
b. No registration fee shall be charged for a snowmobile, off-highway motorcycle or all-terrain vehicle owned by the federal government, the State, county or municipal government or subdivision thereof.
(cf: P.L.1985, c.375, s.7)
7. Section 7 of P.L.1973, c.307 (C.39:3C-7) is amended to read as follows:
7. The registration provisions of this act shall not apply to nonresident owners who have complied with the registration and licensing laws of the state or country of residence, provided that the snowmobile, off-highway motorcycle or all-terrain vehicle is appropriately identified in accordance with the laws of the state of residence and conspicuously displays the registration number issued by the state or country of residence. Nothing in this section shall be construed to authorize the operation of any snowmobile, off-highway motorcycle or all-terrain vehicle contrary to the provisions of this act.
(cf: P.L.1985, c.375, s.8)
8. Section 8 of P.L.1973, c.307 (C.39:3C-8) is amended to read as follows:
8. The registration number assigned to a snowmobile, off-highway motorcycle or all-terrain vehicle shall be displayed on the vehicle at all times in such manner as the director may, by regulation, prescribe. No number other than the number assigned by the director, or the identification number of the registration in another state, shall be painted, attached or otherwise displayed on either side of the cowling or upon the license plate, except that racing numbers on a snowmobile, off-highway motorcycle or all-terrain vehicle being operated in prearranged organized special events may be temporarily displayed for the duration of the race.
(cf: P.L.1985, c.375, s.9)
9. Section 9 of P.L.1973, c.307 (C.39:3C-9) is amended to read as follows:
9. a. Every person operating a snowmobile, off-highway motorcycle or all-terrain vehicle registered or transferred in accordance with any of the provisions of this act shall, upon demand of any peace officer, law enforcement officer, duly authorized official of the Department of Environmental Protection, or a police officer, produce for inspection the certificate of registration and shall furnish to such officer any information necessary for the identification of such snowmobile, off-highway motorcycle or all-terrain vehicle and its owner. The failure to produce the certificate of registration when operating a snowmobile, off-highway motorcycle or all-terrain vehicle on public lands and waters or when crossing a public highway shall be presumptive evidence in any court of competent jurisdiction of operating a snowmobile, off-highway motorcycle or all-terrain vehicle which is not registered as required by this act.
b. A person less than 18 years of age who operates an all-terrain vehicle which is registered in this State shall produce upon demand a certificate indicating that person's successful completion of an all-terrain vehicle safety education and training course established or certified by the director in accordance with section 15 of P.L.1973, c.307 (C.39:3C-15). The failure to produce the certificate when operating an all-terrain vehicle on public lands or waters, or when crossing a public highway, shall be presumptive evidence in any court of competent jurisdiction of the operation of the all-terrain vehicle in violation of the requirement in subsection c. of section 16 of P.L.1973, c.307
(cf: P.L.1991, c.322, s.2)
10. Section 11 of P.L.1973, c.307 (C.39:3C-11) is amended to read as follows:
11. Whenever the ownership of a snowmobile, off-highway motorcycle or all-terrain vehicle is transferred or the use for which a registration certificate has already been issued is discontinued, the old registration certificate shall be properly signed and executed by the owner, showing that the ownership of the snowmobile, off-highway motorcycle or all-terrain vehicle has been transferred or its use discontinued, and returned to the division within 10 days after transfer or discontinuance. If there is a change of ownership for which a registration certificate has previously been issued, the new owner shall apply for a new certificate. He shall set forth the original number issued in the application accompanied by the old registration properly signed by the previous owner and with the required fee submitted to the division, for registration.
(cf: P.L.1985, c.375, s.11)
11. Section 12 of P.L.1973, c.307 (C.39:3C-12) is amended to read as follows:
12. It shall be the duty of every owner of a snowmobile, off-highway motorcycle or all-terrain vehicle registered pursuant to this act to notify the division, in writing, of the destruction, theft or permanent removal of such from the State, within 10 days thereafter; and in the event of the destruction or theft of such, shall surrender the certificate of registration with such notice.
(cf: P.L.1985, c.375, s.12)
12. Section 13 of P.L.1973, c.307 (C.39:3C-13) is amended to read as follows:
13. No political subdivision of the State shall require additional licensing or registration of snowmobiles, off-highway motorcycles or all-terrain vehicles which are covered by the provisions of this act.
Nothing herein shall however prohibit the requirement of a permit by State or local parks for use of snowmobiles on park lands or in any way affect the authority of the Department of Environmental Protection, the commissioner thereof, or those responsible for the operation of a park from adopting rules and regulations concerning the use of snowmobiles, off-highway motorcycles and all-terrain vehicles.
(cf: P.L.1985, c.375, s.13)
13. Section 14 of P.L.1973, c.307 (C.39:3C-14) is amended to read as follows:
14. The commissioner, with a view towards minimizing detrimental effects on the environment, shall adopt rules and regulations relating to and including, but not limited to, the following:
a. Use of snowmobiles, off-highway motorcycles and all-terrain vehicles insofar as fish, wildlife and plantlife resources are affected;
b. Use of snowmobiles, off-highway motorcycles and all-terrain vehicles on public lands and waters under the jurisdiction of the Department of Environmental Protection.
The commissioner may locate, designate and make available by the effective date of this act appropriate areas of public lands upon which all-terrain vehicle safety education and training programs established or certified by the Director of the Division of Motor Vehicles in accordance with section 15 of P.L.1973, c.307 (C.39:3C-15) may be conducted. The commissioner shall report to the Legislature and the Governor within one year after the effective date of this act on the size and location of the public lands located, designated and made available; on the frequency of the use, or the estimated frequency of use, of these public lands for safety education and training programs; and the environmental impact of this use on the lands.
(cf: P.L.1991, c.322, s.3)
14. Section 15 of P.L.1973, c.307 (C.39:3C-15) is amended to read as follows:
15. The Director of the Division of Motor Vehicles shall adopt rules and regulations relating to and including, but not limited to:
a. Specifications relating to equipment required for safety as provided herein.
b. Establishment of a comprehensive snowmobile, off-highway motorcycle and all-terrain vehicle information and safety education and training program.
c. The regulations pertaining to and the granting of permits for the conduct of all prearranged special events as provided in this act, except that in the case of those special events conducted on public lands and waters under the jurisdiction of the Department of Environmental Protection any regulations must be approved jointly by the director and the commissioner.
In accordance with the requirement in paragraph b. of this section, the director shall establish an all-terrain vehicle safety education and training program to be offered by the division, or shall certify other all-terrain vehicle safety education and training programs to be offered by public or private agencies or organizations, the successful completion of which shall satisfy the training requirements in subsection c. of section 16 of P.L.1973, c.307 (C.39:3C-16). A person less than 16 years of age participating in an all-terrain vehicle safety education and training course established or certified by the director shall operate during the training only an all-terrain vehicle with an engine capacity of 90 cubic centimeters or less.
(cf: P.L.1991, c.322, s.4)
15. Section 16 of P.L.1973, c.307 (C.39:3C-16) is amended as follows:
16. Age requirements a. A person under the age of 14 years shall not operate or be permitted to operate any snowmobile or all-terrain vehicle on public lands or waters or across a public highway.
b. A person less than 16 years of age shall not operate on public lands or waters or across a public highway of this State an all-terrain vehicle with an engine capacity greater than 90 cubic centimeters.
c. A person less than 18 years of age shall not operate an all-terrain vehicle registered in this State on public lands or waters or across a public highway of this State unless the person has completed an all-terrain vehicle safety education and training course established or certified by the director pursuant to section 15 of P.L.1973, c.307 (C.39:3C-15). At all times during the operation of the all-terrain vehicle, the person shall have in his possession a certificate indicating successful completion of the course.
d. A person who is less than 17 years of age or who is not licensed to operate a motorcycle pursuant to R.S.39:3-10 shall not operate or be permitted to operate an off-highway motorcycle on public lands or across a public highway.
(cf: P.L.1991, c.322, s.5)
16. Section 17 of P.L.1973, c.307 (C.39:3C-17) is amended to read as follows:
17. a. No person shall operate a snowmobile, off-highway motorcycle or all-terrain vehicle upon limited access highways or within the right-of-way limits thereof.
b. No person shall operate a snowmobile, off-highway motorcycle or all-terrain vehicle upon the main traveled portion or the plowed snowbanks of any public street or highway or within the right-of-way limits thereof except as follows:
(1) Properly registered snowmobiles, off-highway motorcycles or all-terrain vehicles may cross, as directly as possible, public streets or highways, except limited access highways, provided that such crossing can be made in safety and that it does not interfere with the free movement of vehicular traffic approaching from either direction on such public street or highway. Prior to making any such crossing, the operator shall bring the snowmobile, off-highway motorcycle or all-terrain vehicle to a complete stop. It shall be the responsibility of the operator of a snowmobile, off-highway motorcycle or all-terrain vehicle to yield the right-of-way to all vehicular traffic upon any public street or highway before crossing same.
(2) Whenever it is impracticable to gain immediate access to an area adjacent to a public highway where a snowmobile, off-highway motorcycle or all-terrain vehicle is to be operated, it may be operated adjacent and parallel to such public highway for the purpose of gaining access to the area of operation. This subsection shall apply to the operation of a snowmobile, off-highway motorcycle or all-terrain vehicle from the point where it is unloaded from a motorized conveyance to the area where it is to be operated, or from the area where operated to a motorized conveyance, when such loading or unloading cannot be effected in the immediate vicinity of the area of operation without causing a hazard to vehicular traffic approaching from either direction on said public highway. Such loading or unloading must be accomplished with due regard to safety, at the nearest possible point to the area of operation.
(cf: P.L.1985, c.375, s.17)
17. Section 18 of P.L.1973, c.307 (C.39:3C-18) is amended to read as follows:
18. a. No person shall operate a snowmobile, off-highway motorcycle or all-terrain vehicle on the property of another without receiving the consent of the owner of the property and the person who has a contractual right to the use of such property.
b. No person shall continue to operate a snowmobile, off-highway motorcycle or all-terrain vehicle on the property of another after consent, as provided in subsection a. above, has been withdrawn.
c. No owner of real property and no person or entity having a contractual right to the use of real property, no matter where such property is situate in this State, shall assume responsibility or incur liability for any injury or damage to an owner, operator or occupant of a snowmobile, off-highway motorcycle or all terrain vehicle where such injury or damage occurs during, or arises out of the operation or use of such vehicle, unless: (1) the operation or use is with the express consent of the owner and contractual user of the property and (2) the provisions of P.L.1968, c.73 (C.2A:42A-2 et seq.) or P.L.1985, c.431 (C.2A:42A-6 et seq.) do not limit liability. This subsection shall not limit the liability which would otherwise exist for the willful or
malicious creation of a hazardous condition.
(cf: P.L.1991, c.496, s.8)
18. Section 19 of P.L.1973, c.307 (C.39:3C-19) is amended to read as follows:
19. It shall be unlawful for:
a. Any person to operate or ride as a passenger on any snowmobile, off-highway motorcycle or all-terrain vehicle without wearing a protective helmet approved by the director. Any such helmet shall be of a type acceptable for use in conjunction with motorcycles as provided in sections 6 to 9 of P.L.1967, c.237 (C.39:3-76.7 through 39:3-76.10).
b. Any person to operate a snowmobile, off-highway motorcycle or all-terrain vehicle that is not equipped with working headlights, taillights, brakes and proper mufflers as supplied by the motor manufacturer for the particular model, without modifications, nor shall any person operate any snowmobile, off-highway motorcycle or all-terrain vehicle in such a manner as to cause a harsh, objectionable or unreasonable noise.
c. Any person to operate a snowmobile, off-highway motorcycle or all-terrain vehicle at any time and in any manner intended or reasonably to be expected to harass, drive or pursue any wildlife.
d. Any person to operate any snowmobile, off-highway motorcycle or all-terrain vehicle during the hours from 1/2 hour before sunset to 1/2 hour after sunrise without having lighted headlights and lighted taillights.
e. Any person to operate any snowmobile, off-highway motorcycle or all-terrain vehicle on the land of another without first securing the permission of the landowner or his duly authorized representative.
f. Any person to operate a snowmobile, off-highway motorcycle or all-terrain vehicle upon railroad or right-of-way of an operating railroad, except railroad personnel in the performance of their duties.
g. Any person to violate any provision of this act or any rule or regulation adopted pursuant to this act.
(cf: P.L.1985, c.375, s.19)
19. Section 20 of P.L.1973, c.307 (C.39:3C-20) is amended to read as follows:
20. a. No snowmobile, off-highway motorcycle or all-terrain vehicle shall be operated or permitted to be operated unless the owner thereof has obtained a policy of insurance, in such language and form as shall be determined by the Commissioner of the Department of Insurance, from an insurance carrier authorized to do business in this State, the terms of which policy shall indemnify an amount or limit of $15,000.00, exclusive of interest and costs, on account of injury to, or death of, one person, in any one accident; and an amount or limit, subject to such limit for any one person so injured, or killed, of $30,000.00, exclusive of interest and costs, on account of injury to or death of, more than one person, in any one accident; and an amount or limit of $5,000.00, exclusive of interest and costs, for damage to property in any one accident, for damages arising out of the negligent operation of said snowmobile, off-highway motorcycle or all-terrain vehicle. In lieu of such insurance coverage as hereinabove provided, the director, in his discretion and upon application of the State or a municipality having registered in its name one or more snowmobiles, off-highway motorcycles or all-terrain vehicles, may waive the requirement of insurance by a private insurance carrier and issue a certificate of self-insurance, when he is satisfied of financial ability to respond to judgments obtained against it or them, arising out of the ownership, use or operation of the snowmobiles, off-highway motorcycles or all-terrain vehicles.
b. Proof of insurance as hereinabove required shall be produced and displayed by the owner or operator of such snowmobile, off-highway motorcycle or all-terrain vehicle upon request to any law enforcement officer or to any person who has suffered or claims to have suffered either personal injury or property damage as a result of the operation of it by the owner or operator.
c. An owner of a snowmobile, off-highway motorcycle or all-terrain vehicle who shall operate or permit the same to be operated without having in effect the required liability insurance coverage, and any other person who shall operate any snowmobile, off-highway motorcycle or all-terrain vehicle with the knowledge that the owner thereof does not have in effect such insurance coverage shall be guilty of a violation of this act and be subject to a fine of not less than $25.00 nor more than $100.00.
d. The director is hereby authorized to promulgate reasonable regulations to provide effective administration and enforcement of the provisions of this section in accordance with the purposes thereof.
(cf: P.L.1985, c.375, s.20)
20. Section 21 of P.L.1973, c.307 (C.39:3C-21) is amended to read as follows:
21. The operator of any snowmobile, off-highway motorcycle or all-terrain vehicle involved in an accident resulting in injuries or death of any person or property damage shall comply with the procedures in R.S.39:4-129 and R.S.39:4-130.
(cf: P.L.1985, c.375, s.21)
21. Section 22 of P.L.1973, c.307 (C.39:3C-22) is amended to read as follows:
22. The director may authorize the holding of organized special events. He shall adopt and may, from time to time, amend rules and regulations determining the special events which shall be subject to division permit and designating the equipment and facilities necessary for safe operation of snowmobiles, off-highway motorcycles and all-terrain vehicles and for the safety of operators, participants, and observers in such special events. Whenever such special event requiring permit of the division is proposed to be held in the State of New Jersey, the person in charge thereof shall, at least 20 days prior thereto, file an application with the director to hold such special event. The application shall set forth the date of and location where it is proposed to hold such rally, race, exhibition, or organized event, and such other information as the director may require, and it shall not be conducted without written authorization of the director and, if the event is desired to be held upon public lands or waters, a written authorization of the commissioner. Copies of such regulations shall be furnished by the division to any person making an application therefor.
Any person sponsoring the event who shall violate any regulation adopted pursuant to this section shall for every such violation be subject to a fine not to exceed $250.00.
(cf: P.L.1985, c.375, s.22)
22. Section 23 of P.L.1973, c.307 (C.39:3C-23) is amended to read as follows:
23. Snowmobiles, off-highway motorcycles and all-terrain vehicles operated at special events shall be exempt from the provisions of this chapter concerning registration and lights during the time of such operation, including all prerace practice at the location of the meet. In addition, all-terrain vehicles operated at special events shall be exempt from the provisions of subsection c. of section 16 of P.L.1973, c.307 (C.39:3C-16) and subsection b. of section 9 of P.L.1973, c.307 (C.39:3C-9); however, subsection b. of section 16 of P.L.1973, c.307 (C.39:3C-16) shall apply to persons operating all terrain vehicles at special events and prerace practice.
(cf: P.L.1991, c.322, s.6)
23. Section 24 of P.L.1973, c.307 (C.39:3C-24) is amended to read as follows:
24. All snowmobiles, off-highway motorcycles and all-terrain vehicles operating within the State of New Jersey shall be equipped with:
a. Headlights. At least one white or amber headlamp having a minimum candlepower of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions.
b. Taillights. At least one red taillamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.
c. Brakes. A brake system in good mechanical condition.
d. Reflector material. Reflector material of a minimum area of 16 square inches mounted on each side of the cowling. Registration numbers or other decorative material may be included in computing the required 16-square-inch area.
e. Mufflers. An adequate muffler system in good working condition.
(cf: P.L.1985, c.375, s.24)
24. Section 25 of P.L.1973, c.307 (C.39:3C-25) is amended to read as follows:
25. The director may adopt rules and regulations with respect to the inspection of snowmobiles, off-highway motorcycles and all-terrain vehicles and the testing of mufflers for those vehicles.
(cf: P.L.1985, c.375, s.25)
25. Section 26 of P.L.1973, c.307 (C.39:3C-26) is amended to read as follows:
26. a. No person shall have for sale, sell, or offer for sale in this State any snowmobile, off-highway motorcycle or all-terrain vehicle which fails to comply with the provisions of this act or which does not comply with the specifications for such equipment required by the rules and regulations of the director, after the effective date of such rules and regulations.
b. A person shall not knowingly sell or offer to sell an all-terrain vehicle with an engine capacity of greater than 90 cubic centimeters for use by a person less than 16 years of age.
c. Retail dealers and distributors of all-terrain vehicles shall comply with those requirements of the consent decree entered into by all-terrain vehicle distributors and the United States Consumer Product Safety Commission on April 28, 1988 which require the providing of safety information on all-terrain vehicles to either the purchasers or retail dealers of such vehicles, as appropriate.
(cf: P.L.1991, c.322, s.7)
26. Section 29 of P.L.1973, c.307 (C.39:3C-29) is amended to read as follows:
29. The director shall deposit all moneys received by him from the registration of snowmobiles, off-highway motorcycles and all-terrain vehicles, the sale of registration information, publications and other services provided by the department and all fees collected by him under this act to the credit of the General Treasury, except that $5 of a registration fee paid by a resident or nonresident of this State shall be allocated to the division to defray the cost of providing all-terrain vehicle safety education and training manuals or all-terrain vehicle safety education and training programs in accordance with section 15 of P.L.1973, c.307 (C.39:3C-15), or both.
(cf: P.L.1991, c.322, s.10)
27. Section 30 of P.L.1973, c.307 (C.39:3C-30) is amended to read as follows:
30. Owners and operators of snowmobiles, off-highway motorcycles and all-terrain vehicles shall, when operating such across a public highway or on public lands or waters, comply with the following provisions of chapter 4 of Title 39 of the Revised Statutes: R.S.39:4-48 through R.S.39:4-51; R.S.39:4-64; R.S.39:4-72; R.S.39:4-80; R.S.39:4-81; R.S.39:4-92; R.S.39:4-96 through R.S.39:4-98; R.S.39:4-99; R.S.39:4-100; R.S.39:4-104; R.S.39:4-129 through R.S.39:4-134; R.S.39:4-203. The failure to comply with any of these provisions shall be a violation of this act and the penalty for such a violation shall be as provided in section 28 of P.L.1973, c.307 (C.39:3C-28) rather than the penalty provided in the sections cited above.
(cf: P.L.1985, c.375, s.28)
28. This act shall take effect immediately.
STATEMENT
This bill establishes standards for off-highway motorcycles. The bill defines an off-highway motorcycle as a two-wheeled motor vehicle designed for off-highway use, having a seat or saddle for the operator and handlebars for steering control. Off-highway motorcycles are used throughout the State, but unlike snowmobiles and all-terrain vehicles, are not regulated.
The bill authorizes the Director of the Division of Motor Vehicles to establish and enforce rules and regulations relating to the use of off-highway motorcycles on or across public lands, including those pertaining to registration, identification, numbering and classification, equipment, and safety standards. The bill also authorizes the Commissioner of Environmental Protection to enforce all State rules and regulations related to the use of off-highway motorcycles on public lands under the jurisdiction of the Department of Environmental Protection.
Although off-highway motorcycles are not driven on public roads, it is important to implement safety standards for the vehicles and their drivers.
Makes off-highway motorcycles subject to laws governing snowmobiles and all-terrain vehicles.