SENATE, No. 2283

 

STATE OF NEW JERSEY

 

INTRODUCED DECEMBER 1, 1997

 

 

By Senator CIESLA

 

 

An Act concerning traffic regulation, and supplementing chapter 4 of Title 39 of the Revised Statutes.

 

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

 

    1. As used in this act;

    "Public highways" means public highways as defined in section 3 of P.L.1984, c.73 (C.27:1B-3).

    "Transportation system" means transportation system as defined in section 3 of P.L.1984, c.73 (C.27:1B-3).

    "Under the jurisdiction of the commissioner" means that which has been constructed, taken over, or is owned, controlled, or maintained by the Department of Transportation.

 

    2. a. Notwithstanding the provisions of any other law to the contrary, the Commissioner of Transportation, in accordance with the provisions of this act, may by written order provide for the regulation of traffic and parking on public highways or transportation systems under the jurisdiction of the commissioner and for the establishment, operation, control and maintenance of official traffic control devices thereon. The commissioner is authorized to issue such orders where the provisions of this Title authorize the commissioner to regulate such traffic and parking by rule or regulation, as provided in section 6 of this act, and such orders may include, but shall not be limited to, maximum and minimum speeds, permitted or prohibited passing of vehicles, parking and other restrictions which may be placed upon the use of intersections, entrances or exits to and from public highways, traffic lanes, shoulders, rights-of-way or parking lots or park-and-ride facilities under the jurisdiction of the commissioner or the State. An order issued pursuant to this act shall conform to the same requirements of this Title concerning examination, investigation or study as apply in the case of the rule or regulation in place of which the order is being issued.

    b. An order issued pursuant to subsection a. of this section shall be binding and enforceable in accordance with the provisions of this act and any official traffic control device established thereby shall conform to the "Manual on Uniform Traffic Control Devices."

    c. The provisions of this act shall not apply to public highways or transportation systems under the jurisdiction of a county or municipality.

 

    3. a. An order to be issued pursuant to this act shall cite the public highway or transportation system under the jurisdiction of the commissioner to which it is to be applicable; an explanation in plain language as to why the order is needed at the location in question; a description in plain language of what the order requires; an identification of the individual or public body who or which requested the order or initiated a request leading to the order; the final date of the order; and any other information the commissioner deems necessary.

    b. A copy of a proposed order shall be mailed to the governing body and chief uniformed law enforcement official of each county and municipality in which that portion of the public highway or transportation system under the jurisdiction of the commissioner affected by the order is located. On or after the date of mailing, the commissioner shall cause an informational notice of the proposed order, including therein a summary of the provisions of the proposed order, to be published in a newspaper or newspapers having general circulation in the municipality or municipalities affected by the order. The notice shall provide for a telephone number or address which a member of the public may use to receive a copy of the complete text of the proposed order and shall provide for a 30-day period from the date of publication for public comment. The order shall be final on the 31st day after publication of the informational notice or on a later date if the commissioner so determines, except that if comments are received during the 30-day period the order shall be final after the commissioner reviews and responds in writing to the comments received but in no event shall the order be final earlier than the 31st day after publication. Nothing in this section shall be construed as prohibiting the commissioner from extending the comment period or from modifying or withdrawing the proposed order as a result of the review of public comment.

    c. Notwithstanding the provisions of subsection b. of this section to the contrary, an order may be made final immediately or at a later date and without the requirement of mailing or publication by the commissioner if it is issued in response to a resolution from the governing body of a municipality and if the order pertains exclusively to a public highway or transportation system located within the boundaries of that municipality. Such a resolution shall be adopted by the governing body and shall memorialize the commissioner to issue an order regulating traffic or parking on a public highway or transportation system located within the boundaries of the municipality. The governing body shall cause an informational notice of the proposed resolution to be published in the official newspaper if there be one or, if that is not the case, in a newspaper of general circulation in the municipality in question, in advance of a meeting at which the resolution is to be considered. A copy of the final order shall be mailed to the governing body and the chief uniformed law enforcement official of the county and municipality in which that portion of the public highway or transportation system under the jurisdiction of the commissioner affected by the order is located.

    d. Notwithstanding the provisions of this section to the contrary, upon a finding by the commissioner that an emergent condition exists with respect to a public highway or transportation system under the jurisdiction of the commissioner, an order may be made final immediately. In such an event, a copy of the final order issued pursuant to this subsection shall be provided within 24 hours of issuance to the governing body and the chief uniformed law enforcement official of the county and municipality in which that portion of the public highway or transportation system under the jurisdiction of the commissioner affected by the order is located.

    e. A final order shall be effective upon compliance with the notice and briefing provisions of R.S.39:4-198 and shall be binding and enforceable on that date.

 

    4. The commissioner shall maintain an official permanent record of orders issued pursuant to this act providing for the regulation of traffic and parking on public highways or transportation systems under the jurisdiction of the commissioner and of any rule or regulation removed from the New Jersey Administrative Code pursuant to subsection b. of section 5 of this act, which shall be made available upon request, pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.). In addition, an informational record concerning those public highways, or portions thereof, and transportation systems affected by the orders issued pursuant to this act shall be accessible in electronic form by members of the public without fee or charge.

 

    5. a. Rules or regulations adopted pursuant to this Title before the effective date of this act and dealing with the regulation of traffic or parking on public highways or transportation systems under the jurisdiction of the commissioner shall continue in effect and shall be enforceable under the provisions of Title 39 of the Revised Statutes and all other applicable Statutes, in any court of competent jurisdiction, until superseded by order of the commissioner pursuant to this act.

    b. Sixty days after the effective date of this act, the Office of Administrative Law may remove from the New Jersey Administrative Code any rule or regulation which deals exclusively with the regulation of traffic and parking on public highways or transportation systems under the jurisdiction of the commissioner.

 

    6. Any provision of this Title authorizing or requiring the commissioner to provide for the regulation of traffic or parking on public highways or transportation systems under the jurisdiction of the commissioner by means of rule or regulation shall on and after the effective date of this act be construed as authorizing or requiring the commissioner to proceed by order, as the case may be, pursuant to the provisions of this act. Such an order, however, shall not be considered a rule or regulation pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

 

    7. This act shall take effect on the 90th day following enactment.

 

 

STATEMENT

 

    This bill would authorize the Commissioner of Transportation to issue written orders for the regulation of traffic and parking on public highways and transportation systems under the jurisdiction of the commissioner. This bill would thus permit the commissioner to deal with such matters as maximum and minimum speeds, permitted or prohibited passing of vehicles, and parking and other restrictions which may be placed upon the use of intersections and various parts of the public highways or entrances or exits to them or parking lots or park-and-ride facilities under the jurisdiction of the commissioner or the State, as provided in Title 39 of the Revised Statutes. An order is to conform to the same requirements of Title 39 concerning examination, investigation or study as apply in the case of the rule or regulation in place of which the order is being issued. The bill does not apply to public highways or transportation systems under the jurisdiction of a county or municipality. The current procedure for the regulation of traffic and parking on State highways involves rule-making under the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). Unless an emergency is declared by the Governor, mandated procedures under the "Administrative Procedure Act" add a minimum of three months of time to change any individual speed limit, traffic sign, parking zone, or other traffic regulation. This bill would provide for orders to be used where these administrative regulations are now permitted or required.

    The vast majority of traffic and parking regulation changes are made in response to requests from municipal and county officials. The total length of time it takes to change such regulations is unsatisfactory and makes State Government appear unresponsive to traffic control concerns of the public and local officials.

    An order issued pursuant to this bill is to cite the public highway or transportation system to which it is to be applicable; an explanation in plain language as to why the order is needed at the location in question; a description in plain language of what the order requires; an identification of the individual or public body which requested the order or initiated a request leading to the order; the final date of the order; and any other information the commissioner deems necessary.

    A copy of a proposed order would be mailed to the governing body and the chief uniformed law enforcement officer of each county and municipality where that portion of the highway or transportation system affected by the order is located. An informational notice of the proposed order would be published in a newspaper or newspapers having general circulation in the municipality affected by the order, with a telephone number or address provided which a member of the public may use to receive a complete text of the order. The order would be final on the 31st day after publication or on a later date if the commissioner so determines. If comment is received during the 30-day period, the order would be final after the commissioner reviews and responds to the comment but not earlier than the 31st day after publication. However, if the order is proposed in response to a resolution from the governing body of a municipality and the order pertains exclusively to a highway or transportation system located within the municipality, the order may be made final immediately or at a later date. In addition, in emergent cases the order may be made final immediately.

    A final order shall be effective upon compliance with the notice and briefing requirements of R.S.39:4-198 and shall be binding and enforceable on that date.

    The commissioner is to maintain an official permanent record of the orders and of rules and regulations removed from the Administrative Code, which are to be made available upon request, pursuant to law. In addition, an informational record concerning those public highways, or portions thereof, and transportation systems affected by the orders shall be accessible in electronic form by members of the public without fee or charge, such as the Internet.

    Finally, the bill provides for the continuation in effect of regulations adopted prior to the effective date of this bill and additionally provides that those provisions of existing law which may provide for the commissioner to proceed by rule and regulation with regard to the regulation of traffic and parking on public highways and transportation systems under the commissioner's jurisdiction shall henceforth be construed as permitting the commissioner to proceed by orders issued pursuant to this bill.


                             

 

Authorizes Commissioner of Transportation to issue orders for regulation of traffic and parking on public highways and transportation systems under commissioner's jurisdiction.