Carmalt Eval NJ Sts Bike Walk

EVALUATION OF NEW JERSEY STATUTES
AFFECTING BICYCLING AND WALKING

TPI PEDESTRIAN AND BICYCLE RESEARCH PROJECT

Prepared for the
Voorhees Transportation Policy Institute
Pedestrian & Bicycle Resource Project

by Charles R. Carmalt PP/AICP
Transportation Planner & Traffic Analyst
Lawrenceville, NJ 08648

Final Report

March 2002

Page 1
CHARLES R CARMALT, PP/AICP
TRANSPORTATION PLANNING AND TRAFFIC ANALYSIS
Table of Contents
1. Methodology....................................................................................................................... 3
2. Findings............................................................................................................................... 4
2.1 Codification of statutes affecting bicycling and walking....................................... 4
2.2 General findings on traffic statutes......................................................................... 5
2.2.1 Problems with archaic structure.............................................................................. 5
2.2.2 Organization of statutes.......................................................................................... 5
2.3 Terminology............................................................................................................ 5
2.4 Identify statutes that regulate bicycle and pedestrian travel ................................... 6
2.4.1 Definitions............................................................................................................... 6
2.4.2 Bicycle statutes....................................................................................................... 7
2.4.3 Statutes pertaining to skateboards, roller skates and roller skates ...................... 7
2.4.4 Statutes pertaining to motorized bicycles............................................................... 7
2.4.5 Statutes pertaining to pedestrians............................................................................ 7
2.5 Statutes pertaining to school safety......................................................................... 9
2.6 Statutes pertaining to accident data collection...................................................... 10
2.7 Statutes associated with traffic calming................................................................ 10
2.8 Determine how existing state statutes conform to accepted standards regarding
bicycle and pedestrian mobility and safety........................................................... 10
2.8.1 Bicycle statutes in relation to Uniform Vehicle Code.......................................... 10
2.8.2 Statutes that require clarification regarding bicycle rules of the road.................. 12
2.8.3 Statutory issues with legislation affecting pedestrians......................................... 14
2.8.4 Additional Issues................................................................................................... 14
3. Recommendations............................................................................................................. 17
3.1 Bicycle Issues........................................................................................................ 17
3.1.1 Definition of a bicycle.......................................................................................... 17
3.1.2 Lights and reflectors............................................................................................. 17
3.1.3 Bicycle helmets..................................................................................................... 18
3.1.4 Practicing tricks or fancy riding............................................................................ 18
3.1.5 Left turns by persons operating bicycles.............................................................. 18
3.1.6 Protection against dooring.................................................................................... 18
3.1.7 Right-turn lanes..................................................................................................... 18
3.1.8 Alternative method for bicycles to make left turns............................................... 18
3.1.9 Use of shoulder..................................................................................................... 19
3.1.10 Use of horns.......................................................................................................... 19
3.1.11 Passing a bicycle, other slow moving vehicle or horse in a No Passing zone. . 20
3.1.12 Contra-flow lanes on one-way streets................................................................... 21
3.1.13 Bicycle parking..................................................................................................... 21
3.1.14 Accommodating bicycles...................................................................................... 22
3.1.15 Encouraging bicycles............................................................................................ 23
3.1.16 Liability................................................................................................................. 23
3.1.17 Impact of parked cars on moving vehicles including bicycles............................. 23
3.2 Pedestrian issues................................................................................................... 24
3.2.1 Definition of pedestrian........................................................................................ 24
3.2.2 Safe opportunities for pedestrian crossings.......................................................... 24
3.2.3 Safety zones.......................................................................................................... 24
Evaluation of New J ersey Statutes Affecting Bicycling and Walking
With Suggestions for Statute Modifications or Additions Page 2
3.2.4 Crossing distances................................................................................................. 25
3.2.5 Meaning of crosswalks......................................................................................... 25
3.2.6 Define local streets................................................................................................ 25
3.2.7 Pedestrian crossings at locations not controlled by a police officer or a traffic
control signal......................................................................................................... 25
3.2.8 Pedestrian crossing of highway with roadways separated by a medial barrier..... 26
3.2.9 Provisions for pedestrian crossings....................................................................... 26
3.2.10 Pedestrians traveling along highways other than local streets.............................. 26
3.2.11 Pedestrian use of local streets............................................................................... 27
3.2.12 Play streets............................................................................................................ 28
3.2.13 Speed limits C. 39:4-98...................................................................................... 28
3.2.14 Traffic signal poles not to block pedestrians........................................................ 28
3.2.15 Traffic signs and utility poles............................................................................... 29
3.2.16 Compliance with ADA pedestrian rights-of-way................................................. 29
3.2.17 Pedestrian access to and through commercial properties fronting on a highway. 29
3.3 Traffic Calming..................................................................................................... 30
3.3.1 Traffic calming devices......................................................................................... 30
3.3.2 Curb extensions..................................................................................................... 30
3.3.3 Local improvements.............................................................................................. 30
3.3.4 Angled parking...................................................................................................... 31

Page 3

Evaluation of New Jersey Statutes
Affecting Bicycling and Walking
With Suggestions for Statute Modifications or Additions
This project was undertaken to:
Determine how existing statutes treat bicycling and walking in New J ersey
Recommend either modifications of existing statutes or propose new statutes that could
improve walking and bicycling in the state
This report presents findings and recommendations from the study. The information is presented
in the following order:
1. Methodology used to conduct the study,
2. Findings of the research a comparison of existing state statutes with national
standards and a discussion of how the state statutes could be improved to increase bicycle or
pedestrian safety or to encourage greater bicycling and pedestrian activity.
3. Recommendations for specific statutory changes that the Department and the
Legislature could consider to improve the highways of New J ersey for persons who bicycle or
walk. In some cases statutory language is proposed; in others, the nature of the recommended
change is discussed.
1. Methodology
In conducting this research, first a keyword search of the New J ersey Statutes was conducted
using Lexus/Nexus and West Law. Keywords used for the search included:
pedestrian crosswalk pedestrian and school
walking bicycle bicycle and school
Statutes identified through this search were summarized and classified in terms of being statutes
affecting walking, bicycling, school safety or accident reporting. Case law involving the
identified statutes was reviewed. The information developed through this process was assembled
into an Excel worksheet for use in future analysis.
In addition, the following state and national publications were reviewed in order to determine
how New J ersey statutes reflected state and national standards and guidelines.
Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration, 2000
Uniform Vehicle Code (UVC), National Committee on Uniform Traffic Laws & Ordinances, 2000
Guide for the Development of Bicycle Facilities, AASHTO, 1999
Policy on Geometric Design of Highways and Streets, AASHTO, 1994
Designing Sidewalks and Trails for Access Best Practices Design Guide, FHWA, 2001
Pedestrian Compatible Planning and Design Guidelines, NJ DOT, April 1996
Bicycle Compatible Planning and Design Guidelines, NJ DOT, April 1996
While this study was being undertaken, the Federal Highway Safety Administration released a
database that compared state bicycle and pedestrian statutes with applicable sections of the
Uniform Vehicle Code. That database proved useful in conducting the current project.
2. Findings
2.1 Codification of statutes affecting bicycling and walking
The principal New J ersey statutes affecting bicycling and walking are located in the following
titles:
Title 13 Conservation and Development Parks and Reservations
Chapter 8 Includes the New J ersey Trails System Act
Title 27 Highways
Chapter 1A
Chapter 4
Chapter 5F
Chapter 5F
Chapter 7
Chapter 12
Chapter 16
Chapter 19
Chapter 22
Powers of Commissioner
Vacation of Unused Roads
NJ Highway Traffic Safety Act
Graduated Driver Licensing Program
State highways
Disposition of Properties
County Highways
County bridges and culverts
County improvement of municipal roads
Title 39 Motor Vehicles and Traffic Regulation
Chapter 1
Chapter 2
Chapter 3
Chapter 4

Definitions
Organization
Vehicle Registration and Driver Licenses
Traffic regulations including:
Operation of bicycles
Regulations governing walking on streets
Horses and horse drawn vehicles on highways
Operation of motor vehicles
Handicapped parking
Chapter 12 Driving Schools
Title 40 Counties and municipalities
Chapter 27
Chapter 55D
NJ SA 40:55D-40.1
NJ SA 40:55-56
NJ SA 40:55-65
NJ SA 40:55-67
County planning
Municipal planning
State Residential Site Improvement Standards
Creation and operation of pedestrian malls & SIDs
Construction of municipal sidewalks and crosswalks
Municipal streets and roads
Title 52 State government, departments and officers
Chapter 32 Public contracts law
Implementation of the Americans with Disabilities Act

Research for this project has focused on Title 39, although some of the recommendations involve
changes to other titles.
2.2 General findings on traffic statutes
2.2.1 Problems with archaic structure
Many of the state statutes affecting walking, bicycling and use of motor vehicles are very old.
Furthermore, the various transportation chapters have also not undergone a systematic revision in
a lengthy period of time. As a result, several statutes appear to be:
Anachronistic: For example, R. 39:4-44 describes procedures for establishing car
stops by street railway companies.
Duplicative Procedures for allocating parking spaces for handicapped drivers
appear in Titles 39, 52 and 55. None of these procedures conform
to the Americans with Disabilities Act. The requirement to yield
the right-of-way to blind persons appears in Titles 10 and 39.
Construction signs 39:4-183.22A requires that construction signs in New J ersey be
rectangular in shape and white in color. These statutory
requirements conflict with the MUTCD, which requires the use of
orange warning and informational signs; white signs are only to be
used for regulatory purposes; warning signs in construction zones
are supposed to have the same diamond shape used for highway
warning signs.
Many traffic and roadway construction statutes date back to the beginning of the 20
th
century;
some of the authorization for counties to operate a county highway system date from the end of
the 19
th
century.
A systematic review of the statutes governing roadway construction and traffic regulation would
be helpful in assuring that these regulations conform to current practices. This type of systemic
review goes beyond the scope of this research project.
2.2.2 Organization of statutes
Due to the length of time that statutes in Title 39 have been in place, and because the legislature
has not undertaken a systematic re-codification, the presentation of the statutes appears highly
disorganized. Indeed, it can be difficult to identify applicable statutes. As a case in point, 39:4-
197.5 through 4-197.15 provides one set of rules governing handicapped parking, including the
establishment of handicapped parking enforcement units. However, 39:4-197.10, located in the
midst of this section, authorizes NJ DOT to regulate the operation of trucks on Route 94 in
Sussex and Warren Counties.
There are several scattered references to traffic statutes in Title 27. Some statutes pertaining to
roadway design appear in Title 39. Additional statutes affecting either traffic or roadway design
appear in other titles including Title 10 Civil Rights, Titles 40 and 40A Municipalities and
Counties and Title 52 State Departments.
Licensing of drivers and driving schools has been primarily codified in Title 39, Chapters 3 and
12. However, the recently adopted Graduated Licensing Program, which substantially revises the
process by which new drivers earn the right to a license, has been placed in Title 27.
2.3 Terminology
According to Chapter 1 of Title 39:
"Highway" means the entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel.
This definition includes alleys, local streets and publicly maintained driveways in addition to the
freeways, expressways and arterial routes commonly thought of as highways. Title 27 assumes a
similarly broad definition, but extends the definition to include public ways that are not
improved or open to traffic.
The term roadway in Title 39 has the following definition (Title 27 does not define roadway):
"Roadway" means that portion of a highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the berm or shoulder. In the event a
highway includes two or more separate roadways, the term "roadway" as used
herein shall refer to any such roadway separately, but not to all such roadways,
collectively.
Title 39defines street mean the same thing as highway. In contrast, Title 27 limits the
meaning of street to highways in more densely populated areas as well as parkways. Title 27
defines roads to mean highways that are not streets.
As indicated, the state statutes currently apply the term highway to local streets and roads that
have very low traffic volumes, frequently have low vehicle speeds, and which most members of
the public would not consider to be highways over 70% of all roads in the state. However,
despite this broad definition, many traffic statutes have been enacted to address issues that only
arise on higher volume or high speed highways that is, the streets and roads commonly thought
of as highways. When applied to local and collector streets, these statutes frequently are
excessive; as a result, drivers and pedestrians routinely ignore them and police do not enforce
them.
2.4 Identify statutes that regulate bicycle and pedestrian travel
2.4.1 Definitions
39:1-1 provides specific definitions for terms used in Title 39. Definitions of significance to the
rights and duties of bicyclists and pedestrians include:
"Crosswalk" means that part of a highway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides of the highway
measured from the curbs or, in the absence of curbs, from the edges of the
shoulder, or, if none, from the edges of the roadway; also, any portion of a
highway at an intersection or elsewhere distinctly indicated for pedestrian
crossing by lines or other marking on the surface.
Pedestrian means a person afoot.
"Shoulder" means that portion of the highway, exclusive of and bordering the
roadway, designed for emergency use but not ordinarily to be used for vehicular
travel.
"Sidewalk" means that portion of a highway intended for the use of pedestrians,
between the curb line or the lateral line of a shoulder, or if none, the lateral line of
the roadway and the adjacent right-of-way line.
"Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars, and
other conveyances either singly, or together, while using any highway for
purposes of travel.
"Vehicle" means every device in, upon or by which a person or property is or may
be transported upon a highway, excepting devices moved by human power or
used exclusively upon stationary rails or tracks or motorized bicycles.
2.4.2 Bicycle statutes
39:4-10 Lights and reflectors required
39:4-10.1 to 10.4 Requires use of bicycle helmets by persons under 14,
requires businesses selling or renting bicycles to post signs
notifying persons of this statute
39:4-11 Audible device required
39:4-11.1 Brake required
39:4-12 How to ride a bicycle (position of hands, feet, carrying
people, prohibition of tricks, etc.
39:4-14 Prohibition on hitching rides to motorized vehicles
39:4-14.1 Rights and responsibilities of persons using bicycles are
those applicable to the driver of a vehicle except as
specified
39:4-14.2 Application of keep to right rule of the road to bicyclists
39:4-14.4 and 14.4a Requirements of persons who sell or rent bicycles
39:4-14.5 Bicycle defined in terms of bicycle sales and rentals
39:4-14.6 to 14.9 Additional statutes regarding sale or rental of bicycles
39:4-126 Signaling before starting, turning or stopping
39:4-183.1b. Authorizes designation of Older and Walking Impaired
Persons Crossing areas
39:4-196.1 Authorizes use of safety zones including refuge islands that
conform to specifications adopted by NJ DOT
39:4-198 Requires that traffic regulation signs be so placed as to be
easily ready by pedestrians or operators of vehicles
39:4-203.3 & 203.4 Pedestrian or bicycle violations by juveniles under 17

2.4.3 Statutes pertaining to skateboards, roller skates and roller skates
39:4-10.4.1 to 10.4.13 Rules relating to skateboarding, roller skating, etc.
2.4.4 Statutes pertaining to motorized bicycles
39:4-14.3 to 14.3x Rights and responsibilities of persons using motorized
bicycles in New J ersey

2.4.5 Statutes pertaining to pedestrians
In the following section, in order to reduce word use, I have used the term controlled
intersection in place of the following statutory language: at intersections where traffic is
directed by a police officer or traffic signal or similar constructions.
39:4-32 Pedestrians must obey traffic signals or traffic control
officers at controlled intersections
When crossing at controlled intersections, pedestrians have
right-of-way over all vehicles
39:4-33 At controlled intersections pedestrians shall enter a
roadway only within a crosswalk and, whenever
practicable, upon the right half of the crosswalk
(Note that the definition of a crosswalk includes crossing
areas in addition to those defined by crosswalk lines)
(Note that the statute prohibits not only crossing outside of
a crosswalk, but mere entry into a roadway outside of a
crosswalk)
39:4-34 Where traffic is not controlled, pedestrians shall only cross
at a crosswalk or at right angles to the roadway
Pedestrians are prohibited from crossing roadways
separated by a medial barrier except at locations where
provisions for pedestrian crossings have been provided
(medial barrier is not defined)
Where a sidewalk is provided, it is unlawful to walk along
the roadway
Where there are no sidewalks, pedestrians shall walk on the
extreme left side facing approaching traffic
39:4-35 A pedestrian in a marked or unmarked crosswalk at a
signalized intersection has the right of way if the signal
changes while the pedestrian is crossing the road
39:4-36 Drivers must yield to pedestrians crossing in a marked
crosswalk or within an unmarked crosswalk at an
intersection
It is illegal to pass another driver who is yielding for a
pedestrian
Pedestrians must yield to vehicles when crossing a roadway
when not within a crosswalk
39:4-36.1 If a pedestrian tunnel or bridge has been provided,
pedestrian crossing a roadway at grade shall yield to
vehicles on the roadway
39:4-37 At controlled intersections local authorities may regulate
pedestrian crossings by ordinance; ordinances must be
approved by the Commissioner
39:4-37.1 Any blind person or any guide dog instructor shall have the
right-of-way crossing any highway or intersection except
where traffic is controlled by an officer
(Note: NJ SA 10:5-29.4 provides similar language and
references this section -- Title 10, Chapter 5 concerns Civil
Rights)
39:4-66 Operator of a vehicle emerging from an alley, driveway,
garage or private road or driveway shall stop prior to
driving across a sidewalk and must yield to a pedestrian
39:4-67 Driver of vehicle about to enter an alley, driveway, garage
or private road or driveway shall yield to all pedestrians
on the sidewalk
39:4-71 No person shall allow a vehicle to stand on a sidewalk
39:4-81 Pedestrian shall obey instructions of any official traffic
control device
39:4-100 Vehicle speed across a sidewalk shall not exceed 4 MPH
39:4-114 Poles carrying traffic signal supports shall not be placed as
to be in pedestrian crosswalk lanes
39:4-183.1a Provides municipalities with flexibility in installing traffic
control devices at school crossing intersections located
within 300 feet of a school
39:4-183.1b. Designation of Older and Walking Impaired Persons
Crossing areas
39:4-196.1 Authorizes the construction of safety zones including raised
pedestrian refuge islands and raised loading islands
39:4-203.3 Pedestrian violations by juvenile under 17 warnings and
penalties
40A:9-154.4 Authorizes chief municipal law enforcement officer to
position crossing guards during any special event or
program involving pedestrian crossings
40:55D-40.1 to 40.7 Residential Site Improvements Board
40:56-67 to 56-89 Creation and operation of pedestrian mall districts,
including municipal power to permanently close streets to
motor vehicles
(Note this statute was used as the basis for creation of
Special Improvement Districts and has therefore been
substantially amended and broadened in scope)
40:65-1 to 65-16 Construction and maintenance of sidewalks

2.5 Statutes pertaining to school safety
In general, we found few highway or traffic statutes that only applied to school areas. School
areas were to be considered among other environmental factors for numerous statutes. The
following statutes were identified that specifically addressed school zones:
39:4-50 (g) Provides higher fines and longer sentences for driving
while intoxicated:
Within 1,000 feet of school property
When driving through a school crossing
39:4-98 (a) Establishes prima facie speed limit of 25 MPH for a driver
passing through a school zone:
During recess when the presence of children is clearly
visible from the roadway
While children are going to or leaving school during
opening or closing hours
39:4-183.1a Provides municipalities with flexibility in installing traffic
control devices at school crossing intersections located
within 300 feet of a school
40A:9-154.4 Authorizes chief municipal law enforcement officer to
position school crossing guards on any street or highway
within the municipality as needed on school days
2.6 Statutes pertaining to accident data collection
39:4-129 Actions a driver must take in the event of an accident
39:4-130 Requires drivers and/or others to report accidents that result
in death, injury or property damage greater than $500.00 (A
report is not required if a police officer submits a report)
39:4-131 Requires law enforcement officers who investigate
reportable accidents to file written reports using forms
supplied by NJ DOT
39:4-132 Requires repair shops to report to the police a motor vehicle
which shows evidence of having been involved in a
reportable accident
2.7 Statutes associated with traffic calming
39:4-98 Rates of speed establishes prima facie speed limits for
school zones, business districts, residential districts,
suburban districts and all other areas
39:4-136 Prohibits parking on any roadway unless there is a clear
and unobstructed width of not less than 15 feet on the
roadway that is left for the free passage of other vehicles
39:4-138 Parking restrictions establishes locations where parking is
prohibited
40:67-16 Permits installation of various devices and structures for the
safety and convenience of persons and vehicles
40:67-16 Permits part-time closing of streets, including streets in
school zones, for purpose of public safety or health
40:67-16.17 Permits statues and memorials to be erected on public
streets
2.8 Determine how existing state statutes conform to accepted standards regarding
bicycle and pedestrian mobility and safety.
2.8.1 Bicycle statutes in relation to Uniform Vehicle Code
2.8.1.1 Rights and duties of bicyclists
C. 39:4-14.1 extends to bicycle riders all of the rights and duties applicable to the driver of a
vehicle. This construction provides appropriate flexibility in the application of the statutes by
recognizing that there are characteristics of bicycles that require flexibility in the interpretation
of traffic regulations, while still largely allowing the traffic regulations to apply to bicyclists. The
principal problem with this definition is that legislators in the past have not always been
disciplined in distinguishing between the word vehicle and motor vehicle. As a result, some
rights and duties that apply only to motor vehicles probably should apply to all vehicles,
including bicycles. However, this does not negate the value of the wise wording that was
employed in C. 39:4-14.1.
2.8.1.2 Definition of bicycle
Title 39 has two definitions of a bicycle; each definition only applies to the legislative act of
which it is a part. The first definition is contained in an act requiring bicyclists under the age of
14 to use helmets; the second in an act authorizing the Division of Community Affairs to
regulate bicycle sales and rental shops. The two definitions differ, and both are more restrictive
than the definition used in the UVC. The three definitions are as follows:
C. 39:4-10.1 As used in this act, bicycle means a vehicle with two wheels propelled
solely by human power and having pedals, handle bars and a saddle-like
seat. The term shall include a bicycle for two or more persons having seats
and corresponding sets of pedals arranged in tandem. (L.1991,c.465,s.1)
C. 39:4-14.5 As used in this act bicycle means any two-wheeled vehicle having a rear
drive wheel which is solely human-powered and having a seat height of 25
inches or greater when the seat is in the lowest adjustable position.
(L.1975,c.328,s.2)
UVC 1-109 Every vehicle propelled solely by human power upon which any person
may ride, having two tandem wheels and except scooters and similar
devices. (p. 2)
All of these definitions exempt human powered tricycles. Is this intended?
C. 39:4-14.5 appears to exempt childrens bicycles, which often are less than 25 inches in height,
as well as recumbent bicycles.
It would appear to be desirable to provide a single definition of bicycle; that definition should be
located in C. 39:1-1, the section that provides definitions that pertain to all of Title 39.
2.8.1.3 Provisions of the UVC not contained in the New J ersey Statutes:
11-606 Authorizes bicyclists to signal a right turn either by extending the left hand and
arm upward, in the same manner as a motor vehicle driver, or by extending the
right arm and hand horizontally to the right side of the bicycle.
11-1205 (a) 4 Specifically exempts bicyclists from the requirement of riding as close as
practicable to the right-hand edge of the roadway when the road has a right-turn-
only lane.
11-1208 (b) Specifically authorizes bicyclists to complete a two-step left turn by first traveling
straight through the intersection to the far side, and then passing straight through
the intersection on the perpendicular roadway. 11-1208 (a) also authorizes
bicyclists to make left turns in the same manner as motor vehicle driver.
11-1209 Provides specific language establishing rights and duties of a bicyclist who elects
to operate a bicycle on a sidewalk.
11-1210 Establishes rights and restrictions associated with bicycle parking.
11-1211 Sets forth conditions associated with bicycle racing. (NJ Statutes prohibit horse
racing and motor vehicle racing; they do not appear to prohibit bicycle racing.)
12-703 Requires that a rear reflector be present at all times, visible for a distance of 600
feet. C. 39:4-10 permits but does not require a rear reflector.
12-705 Authorizes a bicycle or its rider to be equipped with additional lights or reflectors
including LED or illuminated lights, and steady or flashing lights. This permits
the use of flashing LED taillights, which have become increasingly popular
among bicyclists, both because of their longer battery life, and because they let
drivers of motor vehicles recognize that the vehicle is a bicycle and not a motor
vehicle.
2.8.2 Statutes that require clarification regarding bicycle rules of the road
2.8.2.1 Helmet law exceptions
C. 39:4-10.1 requires persons under the age of 14 who operate or ride on bicycles to wear
helmets. However subparagraphs (c), (d) and (e) of that section authorize municipalities to enact
ordinances exempting riders from this requirement when a bicycle is not being used in proximity
to motor vehicle traffic. This provision presumably is based on the mistaken belief that
automobiles are the cause of most bicycle accidents. Bicyclists, especially young bicyclists, are
quite capable of falling off their vehicles when automobiles are not present, and can readily
damage their heads as a result of such falls. According to a survey of adult bicyclists who had
been involved in a crash, only 11% of crashes involved a motor vehicle. 59% of all bicycle
accidents, and 38% of serious accidents, consisted of falls that did not involve any other vehicle
or object.
1

2.8.2.2 Prohibition on practicing any trick or fancy riding in a street
C. 39:4-12 absolutely prohibits a rider from practicing any trick or fancy riding in a street. An
amendment would appear to be appropriate that would allow riders to conduct such practice on a
designated play street or on a street from which motor vehicle travel has been restricted on a
temporary or permanent basis, subject to regulations established by the public or private entity
having jurisdiction.
2.8.2.3 Riding position with right-turn-only-lane
NJ Statutes appear to currently require bicyclists and other slow moving vehicles to ride at the
right of the roadway even when a right-turn-only-lane is provided. These vehicles are safer if
they stay with the through traffic.
2.8.2.4 Use of shoulder by bicyclists and other slow moving vehicles
Currently Title 39 does not specifically limit or specify how the shoulder of a highway is to be
used. Conventional practice allows bicyclists to use paved shoulders as an extension of the
roadway. Pedestrians are required to walk in the shoulder if a sidewalk is not available. Drivers
of vehicles being overtaken are required to yield to the right upon an audible warning,
presumably requiring them to enter the shoulder.

1
Bill Moritz, Profiling Adult U.S. Cyclists: A National Survey, in Bicycle USA, J anuary February 1998, p. 10.
As previously mentioned, C. 39:1-1 defines a shoulder as the portion of the highway designed
for emergency use but not ordinarily to be used for vehicular travel.
Bicyclists, other slow moving vehicles, vehicles pulled by animals, persons on horseback and
vehicles decelerating in advance of a right turn should be specifically authorized to travel in the
shoulder of a highway if and when a paved shoulder is provided. When using a shoulder, a
bicyclist should be allowed to travel in the far left portion of the shoulder immediately adjacent
to the edge of the roadway.
2.8.2.5 Audible warning when passing
C. 39:4-85 requires the driver of a motor vehicle to give an audible warning with his horn or
other warning device before attempting to pass a vehicle proceeding in the same direction. (This
statute does not apply in business or residence districts.) Technically, the statute requires
drivers passing other drivers on the New J ersey Turnpike to honk prior to passing any other
vehicle. The law is anachronistic, and indeed mandates behavior that today would be considered
aggressive driving. It should be repealed.
For bicyclists, the drivers honk or other audible warning can be very disturbing, and in fact can
be hazardous if it startles the bicyclist.
2.8.2.6 Passing a bicycle in a no passing zone
C. 39:4-86 prohibits drivers from crossing a no passing line except under limited conditions. This
prohibition on passing may encourage drivers to stay within a narrow travel lane when passing a
bicyclist even though it would be safe to encroach partially into the opposing travel lane. Since
motor vehicles frequently travel substantially faster than bicycles, and must encroach less into
the opposing travel lane, this passing maneuver can usually be completed in less time than is
normally required to pass another motor vehicle. Since this reflects reasonable and prudent
behavior, most drivers already do this when passing a bicyclist on a narrow roadway. The statute
should reflect that this is reasonable behavior.
2.8.2.7 Emergency vehicles speeding
C. 39:4-103 provides drivers of designated emergency vehicles with a blanket exemption to
maximum speed laws. This section should clarify that no emergency exempts the driver of any
vehicle from the responsibility to drive in a safe and prudent fashion and to seek to avoid any
hazardous situations. Drivers of emergency vehicles who fail to arrive at an emergency because
they are involved in an accident are not protecting the publics health and safety.
2.8.2.8 Driving to delay traffic prohibited
Two statutes currently prohibit drivers of vehicles from delaying traffic. R.S. 4-56 prohibits the
use of a vehicle that will likely cause delay in traffic; C. 4-97.1 prohibits a person from driving a
motor vehicle at such a slow speed that it will impede or block the normal and reasonable
movement of traffic.
The second statute only applies to drivers of motor vehicles and thus does not affect bicyclists.
C. 4-56 however applies to all vehicles and could be applied to bicyclists. The standard it sets in
addition is substantially harsher towards slower moving vehicles. Indeed, it could be argued that
this statute prohibits the use of a bicycle, a heavy vehicle or any other vehicle that limits drivers
of passenger cars from traveling as fast as the posted speed allows them.
There should only be one statute, and the statute that is kept should provide balancing language
that:
Reflects the rights of all road users to use the roads of the state
Indicates that vehicles should not be driven in a fashion that unreasonably impedes or
blocks traffic or causes unusual or exceptional delays.
2.8.3 Statutory issues with legislation affecting pedestrians
2.8.3.1 Pedestrian definition
Both C. 39:1-1 and the UVC define a pedestrian to be a person afoot. This definition excludes
persons in wheelchairs, using crutches, being pushed in strollers, carriages or gurneys or in some
other fashion not traveling afoot. The traffic statutes do not have a section extending to these
persons the rights of pedestrians.
2.8.3.2 Obstructions to sidewalks
C. 39:4-114 currently prohibits the placement of a traffic signal or signal pole in a paved
roadway or in a crosswalk lane. However, there is no prohibition on placing traffic poles, utility
poles or traffic signals within sidewalks, the landings for crosswalk ramps or other areas where
obstructions to pedestrian flow are hazardous, especially for persons with restricted vision, and
can block the flow of pedestrians, especially handicapped pedestrians.
2.8.3.3 Use of local streets
The traffic statutes call all public ways highways and do not discriminate among roads based
upon their functional purpose. As a result, they treat local streets the same as high speed
highways and generally deny pedestrians the use of these streets except to directly cross them or
to walk along the extreme left edge of those streets that do not have sidewalks or shoulders.
Streets were at one time fully accessible for pedestrians; most pedestrians continue to feel
comfortable using the full width of local streets. Most sidewalks in residential areas are too
narrow for even two adults to comfortably walk side-by-side. As a result, groups of pedestrians
walk in the street. Children routinely use local streets for a wide variety of games. Rather than
being hazardous, these uses are desirable and help to establish a communitys character.
Furthermore, most drivers anticipate this type of activity on local streets.
A general exception of traffic regulations pertaining to pedestrian travel on local streets appears
to be appropriate.
2.8.4 Additional Issues
2.8.4.1 Driver licensing and education
A revised Graduated Licensing law was enacted in 1998 and amended in 2001. This law requires
the Division of Highway Traffic Safety to develop curriculum guidelines for use by teachers of
approved classroom driver education courses. The curriculum guidelines are required to
emphasize the following issues:
Defensive driving
Highway courtesy
Accident avoidance
Understanding and respect for the States motor vehicle laws
Insurance fraud and
State requirements for and benefits of maintaining automobile insurance
The statute also requires the Division of Highway Traffic Safety to prepare an informational
brochure for parents and guardians of beginning drivers regarding their roles and responsibilities,
including the importance of setting a good example.
Although the statute does not specifically require that bicycle and pedestrian issues be addressed
in either the curriculum or the informational brochures, the requirement that defensive driving,
highway courtesy and accident avoidance be emphasized provides appropriate reasons to include
instruction regarding how drivers should share the road with other users. Given the recent
passage of the amended legislation, the best method of incorporating bicycle and pedestrian
issues into this program is through the process that the Division of Highway Traffic Safety will
employ in developing these instructional materials. A separate report will be prepared addressing
this issue.
2.8.4.2 Four lane undivided roadways
NJ DOT documented that undivided four lane roadways experience substantially higher accident
rates than other roadways, including three lane highways with center left turn lanes, two lane
highways and multi-lane highways with medians. Research conducted by the Highway Safety
Research Center at the University of North Carolina for the Federal Highway Administration has
documented that undivided multi-lane highways are especially hazardous for pedestrians.
Usually these roads can operate with equivalent motor vehicle capacity and substantially
improved safety if placed on a road diet: that is reducing the number of lanes from four to
three by marking a center left turn lane plus one through lane in each direction. The remaining
pavement creates a shoulder in each direction between five and six feet in width; the shoulders
can be marked as bicycle lanes.
Where NJ DOT has put state highways on road diets, the highways have generally operated more
efficiently, and drivers of motor vehicles have experienced an improvement in level of service
because of the reduction in unanticipated delay associated with turning vehicles. Examples
include US 30 in Camden County and US 206 in Somerset County.
Many state highways however continue to be striped as undivided four-lane highways, for
example Route 31 in Ewing (Mercer County) and Oxford (Warren County). More critically,
many counties continue to use the undivided four-lane highway as the preferred roadway cross-
section for county highways.
As a result, consideration was given to proposing a statute that would mandate that the
jurisdiction having authority over any undivided multi-lane highway be required to conduct an
engineering analysis documenting why the road should not be converted to a cross-section
providing a marked or raised median and shoulders. However, it is felt that:
More generalized provisions requiring that roads be made compatible with bicycle
travel and accommodate pedestrian crossings would have the same effect, and;
Regulations, policies and procedures of the Department could be used to prohibit
further use of undivided roadway cross-sections and encourage the conversion of
existing roadways.
2.8.4.3 Traffic calming
It would be desirable to use this opportunity to provide additional statutory support for traffic
calming and context sensitive designs. It would also be desirable to provide incentives and
funding for traffic calming.
2.8.4.4 School zones
C. 39:4-98(a) currently establishes a statutory speed limit of 25 MPH for a driver passing
through a school zone during recess or during opening and closing hours for a school. However,
schools generate student pedestrian traffic during numerous other periods. State regulatory
signage frequently extends the restricted speed zone to include any time when children are
present.
2.8.4.5 Requiring Compliance with Americans with Disabilities Act
Current statutes implementing handicapped parking requirements in New J ersey have not been
revised since the adoption of revised federal ADA regulations and guidelines by the U.S.
Architectural and Transportation Barriers and Compliance Board (U.S. Access Board).
Furthermore, specific statutory standards concerning handicapped access appear in multiple
locations: Titles 39, 52 and 55.
It would be desirable to adjust state statutes to require compliance with the federal regulations
and standards rather than to maintain a separate set of New J ersey standards that do not comply.
Almost all building in New J ersey must comply with the federal standards in any event.
The U.S. Access Board has developed recommendations for new ADA design standards for
pedestrian rights-of-way that is, for public sidewalks, crosswalks and other elements of the
public environment. These recommendations are presented in a report, Accessible Rights-of-
Way: A Design Guide (1999). It is anticipated that the Access Board will adopt rules and
regulations this year implementing the recommendations, with some changes. It would be
desirable to have legislation that provides similar adoption of these new regulations, by
reference. The Legislature should also be asked to define who in the state should be responsible
for enforcing the regulations, developing implementation schedules and financing
implementation projects.
3. Recommendations
3.1 Bicycle Issues
3.1.1 Definition of a bicycle
Provide a single general definition for a bicycle similar to that used in the UVC.
Consider expanding the definition to include vehicles that are similar to bicycles such as
recumbent bicycles and adult tricycles, or provide additional definitions for these vehicles.
A decision should be made regarding how surreys should be treated. Are they different than
bicycles and adult tricycles? Should occupants of surreys be required to wear helmets? Currently
surreys are not recognized in the traffic statutes and, because they are powered solely by human
power, they are not considered to be vehicles. If surreys are to be excluded from regulation, but
other human powered vehicles included, then it becomes necessary to develop language that
defines them and then excludes them.
Amend C. 39:1-1 to include the following definition for bicycle:
Bicycle means any vehicle propelled solely by human power, having two tandem
wheels and providing one or more seats for the operator or operators and any passengers;
bicycle shall not mean a scooter or similar wheeled device on which the operator does
not customarily sit.
Add a new section C. 39:1-2 with the following general language:
Wherever the term bicycle is used in this chapter it shall be interpreted to include any
other vehicle propelled solely by human power, regardless of the number of wheels, if the
vehicle includes one or more saddle type seats or other devices that allow the operator
and all passengers to sit or lie while using the vehicle.
Repeal C. 39:4-10.1 and C. 39:4-14.5
In modifying how bicycles are defined, consideration should be given to the question of how tot
toys or play vehicles small tricycles, riding toys, wheelies, etc. should be recognized in the
statutes. As a minimum, the traffic statutes should recognize that motorists must seek to yield the
right to these users at all times, recognizing that the users lack the judgmental skills needed to
operate their toy vehicles in a consistently reasonable manner. This would be similar to language
that already exists providing blind pedestrians with an absolute presumption of right-of-way in
all situations.
3.1.2 Lights and reflectors
Amend C. 39:4-10 using language found in 12-702 to 12-705 of the UVC.
a. Every bicycle in use when lighted lamps are required, as defined in C. 39:3-46,
shall be equipped with a lamp on the front which shall emit a white light visible
from a distance of at least five hundred feet to the front, and with a taillight on the
rear which shall emit a red light visible from a distance of at least one thousand
feet to the rear. The taillight may be LED or regular, and it may emit a steady or
flashing light.
b. Every bicycle shall be equipped with a red reflector of a type approved by the
division which shall be visible from a distance of 600 feet to the rear when
directly in front of lawful lower beams of head lamps on a motor vehicle.
c. Every bicycle in use when lighted lamps are required shall be equipped with
reflective material of sufficient size and reflectivity to be visible from both sides
for 600 feet when directly in front of lawful lower beams of head lamps on a
motor vehicle, or in lieu of such reflective material, with a lighted lamp visible
from both sides from a distance of at least 500 feet.
d. A bicycle or its rider may be equipped with lights or reflectors in addition to those
required by the foregoing sections. These lights and/or reflectors may be LED or
regular, steady or flashing, as long as they comply with the requirements or
limitations of the division.
3.1.3 Bicycle helmets
Amend C. 39:4-10.1 by eliminating subparagraphs (c), (d) and (e), which authorize
municipalities to pass ordinances exempting riders of bicycles under the age of 14 from the
requirement that they wear helmets in situations where motor vehicles are not present.
3.1.4 Practicing tricks or fancy riding
Amend C. 39:4-12 to allow operators of bicycles to practice trick or fancy riding on a designated
play street or on a street from which motor vehicle travel has been excluded on a temporary or
permanent basis. The authority having jurisdiction over the street may adopt regulations as
needed to protect the publics safety and welfare.
3.1.5 Left turns by persons operating bicycles
Amend C. 39:4-14.2 (a) to allow bicyclists to make all left turns from the center of the roadway
in the same manner as a motor vehicle. The following language is recommended:
Subparagraph C. 39:4-14.2 (a) is amended to read as follows:
(a) to make a left turn at an intersection or into a private road or driveway
3.1.6 Protection against dooring
Supplement C. 39:4-14.2 by adding a subparagraph indicating that a person operating a bicycle
may move to the left:
(f) to maintain safe separation of at least four feet from any parked vehicle
3.1.7 Right-turn lanes
Supplement C. 39:4-14.2 by adding the following paragraph
Persons riding a bicycle in or adjacent to an auxiliary lane that has been provided to
accommodate right turning exiting or entering traffic or that has been marked as a right
turn only lane at an intersection shall ride as close to the left side of that lane as possible
or at the right side of the lane provided for the through movement of vehicles.
3.1.8 Alternative method for bicycles to make left turns
Supplement C. 39:4-123 with the following section adapted from the Uniform Vehicle Code:
C. 39:4-123.1 A person riding a bicycle intending to turn left from a roadway at an
intersection or into a private road or driveway may either:
a) Follow the course described in C. 39:4-123 (b) or (c), or;
b) Approach the turn as close as practicable to the right edge of the portion of the
roadway used by through vehicles.
(i) After proceeding across the intersecting roadway to the far
corner of the curb or intersection of the roadway edges, the
bicyclist shall stop, as much as practicable out of the way
of traffic.
(ii) After stopping, the bicyclist shall yield to any traffic
proceeding in either direction along the roadway the
bicyclist had been using.
(iii) After yielding, and complying with any official traffic
control device or police officer regulating traffic on the
highway along which the bicyclist intends to proceed, the
bicyclist may proceed in the new direction.
3.1.9 Use of shoulder
Provide a new statute that establishes how paved shoulders are to be used and, as needed, clarify
what use is prohibited on shoulders.
As a minimum, permit bicycles and other slow moving vehicles to be operated on shoulders.
(This would include agricultural vehicles, contractor vehicles and animal drawn vehicles.)
Vehicles driven on shoulders should be required to be traveling in the same direction as vehicles
on the adjoining roadway lane.
Desirably the new statute should also state that the shoulder may be used by drivers of motor
vehicles when turning into or out of driveways, alleys or public ways located on the right side of
the road, provided that such drivers shall yield the right-of-way to any other roadway user that is
using the shoulder.
The Legislature may also wish to allow drivers making a right turn at a signalized intersection to
use the shoulder to pass the queue of stopped vehicles waiting to drive through the intersection.
A speed limit of 5 MPH for use of the shoulder in this situation should be established.
Permit bicyclists to travel in the wrong direction on a shoulder if the presence of a median barrier
prohibits access to the opposing roadway, provided that the bicyclist shall only continue to travel
in the wrong direction for the shortest distance required to reach a safe place to cross the
highway to travel in the proper direction, and provided that the bicyclist shall ride as far from the
edge of the roadway as possible.
3.1.10 Use of horns
Repeal language in C. 39:4-85 requiring the driver of an overtaking to give an audible warning
and provide a new statute governing the use of horns. The following is based on an Arizona
statute:
When reasonably necessary to ensure the safe operation of a motor vehicle, the driver
shall give an audible warning with the vehicles horn but shall not otherwise use the horn
when on a highway.
The following additional conditions could be included to clarify what constitutes reasonably
necessary:
Permit the use of a horn only when an audible warning is required to warn another
operator of a vehicle, a pedestrian or an animal of an imminent hazard.
Permit a very brief use of the horn in a situation that is not hazardous but in which
another vehicle, a pedestrian or an animal is not aware that it is obstructing the
reasonable movement of vehicles along the highway.
Prohibit a driver of a motor vehicle from using his or her horn when passing a
bicyclist unless the bicyclist appears to be moving into the roadway in a hazardous
manner and a warning is needed to avoid a collision.
Prohibit a driver of a motor vehicle from using the vehicles horn except as permitted
in this section, and establish that any such prohibited use constitutes a breach of the
peace.
Any such statute should clearly indicate that it is the responsibility of the driver to avoid a
collision, and that if necessary the driver should yield the right-of-way when another roadway
user has blocked free passage of the roadway. The use of a horn does not limit the drivers
responsibility of taking all prudent measures needed to avoid a collision.
3.1.11 Passing a bicycle, other slow moving vehicle or horse in a No Passing zone.
Amend C. 39:4-86 to clarify how operators of vehicles should treat bicycles and other slow
moving vehicles.
The operator of a vehicle should be allowed to pass with care a horse, bicycle or slow moving
vehicle traveling in the shoulder of a highway, even if the passing maneuver is located on a
segment of highway designated as being in a no-passing zone, provided that the driver can
determine that the passing maneuver can be safely accomplished without interfering with the
vehicle or person being overtaken.
C. 39:4-86 prohibits drivers from crossing a no passing line except under limited conditions. This
section should be amended to allow drivers to cross into the opposing lane of traffic when
passing a bicyclist or other slow moving vehicle provided that the driver can return to the
authorized lane of travel before encountering an oncoming vehicle.
This section could be modified to permit a driver to partially cross such a line when passing a
bicycle or other slow moving vehicle occupying less than half of the travel lane provided that the
overtaking driver not interfere with any vehicle being overtaken and provided that the overtaking
driver is able to return to the authorized lane of travel before coming within 200 feet of any
approaching vehicle.
When overtaking a bicycle, the driver of a motor vehicle should be required to pass at a safe
distance to the left of the bicycle being overtaken, and not return to the right of the roadway until
completely passing the bicycle. (It may be preferable to include all types of users that are being
overtaken, not just bicyclists.)
3.1.12 Contra-flow lanes on one-way streets
C. 39:4-85.1, which permits a roadway to be designated to permit only one-way traffic, should
be supplemented with a new section that would clarify that contra-flow lanes can be marked on
one-way streets to allow restricted classes of vehicles to operate in the opposite direction.
Technically this is not required, since a road with a contra-flow lane could be considered a two-
way roadway that has been marked with lanes, and some of those lanes have been regulated to
prohibit use by certain vehicles. However, it would be desirable to establish positive statutory
authorization for this type of facility on which most motor vehicles will be restricted to one-way
travel.
The following two supplementary sections are suggested:
C. 39:4-85.2 Contra-flow lanes authorized
The Commissioner, by regulation with respect to a state highway, and a municipal or
county governing body, by ordinance or resolution with respect to a highway under its
jurisdiction, may authorize transit vehicles or bicycles to operate in the opposite direction
of travel on a designated one-way street, provided that such operation occurs as follows:
(a) Within a separate travel lane marked as required by the MUTCD and located
between the curb of the roadway and any vehicles that are directed in the principal
direction of travel, including any parked vehicles.
(b) Within a lane marked on the far left side of the one-way street, except that under
unique situations the lane may be located on the right side of the street if an engineering
analysis determines that that is the most appropriate location.
In addition to lane markings, signage shall be provided at the beginning and end of each
block with regulatory information regarding the use of the roadway as required by the
MUTCD.
C. 39:4-85.3 Contra-flow travel by bicycles authorized
The governing body of a municipality may, by ordinance or regulation, permit bicycles to
operate in the reverse direction on the far left side of a one-way street adjacent to the
curb, provided that the street is a local street as defined by (see 3.2.6 ), is under the
jurisdiction of the municipality, and provided that the municipal engineer has determined
that travel by bicycles in the reverse direction will not create a hazardous condition.
Local streets on which two-way bicycle operation is permitted shall include appropriate
signs stating that the one-way street regulations exempt bicyclists.
3.1.13 Bicycle parking
Provide the following type of language, probably as a new section of Title 39, Chapter 4:
A person may park a bicycle on a sidewalk or secure it to a pole, fence, sign or other
piece of street furniture adjacent to a sidewalk unless prohibited or restricted by an
official traffic control device.
A bicycle parked on a sidewalk shall not impede the normal and reasonable
movement of pedestrians or other traffic.
A municipality shall not pass any ordinance, and a private property owner shall not
establish any rule, prohibiting the parking of bicycles except as needed to:
(a) assure the normal and reasonable movement of pedestrian or other traffic,
(b) maintain access to critical emergency or utility entrances or
(c) protect trees, shrubs, grass or other landscaping.
Municipal ordinances or private rules regulating the parking of bicycles shall not have
the effect of prohibiting bicyclists from gaining reasonable access to uses open to the
public.
A bicycle may be parked on the roadway at any location where parking is allowed
and at any angle to the curb or edge of the roadway.
A bicycle may be parked on the roadway abreast of another bicycle or bicycles near
the side of the roadway at any location where parking is allowed.
A person shall not park a bicycle on a roadway in such a manner as to obstruct the
movement of a legally parked motor vehicle.
In all other respects, bicycles parked anywhere on a highway shall conform with the
provisions of this Chapter controlling the parking of motor vehicles.
All property owners that invite the public onto their property through the provision of
parking facilities for motor vehicles shall provide convenient opportunities to secure
bicycles in proximity to principal entrances in accordance with regulations to be
issued by the Commissioner of Transportation.
Supplement C. 40:55D-41
Municipal site plan ordinances shall require developments to incorporate bicycle
parking facilities in conformance with regulations to be issued by the Department.
3.1.14 Accommodating bicycles
One or more new or amended sections to Title 27, Chapter 7 for state highways, Title 27,
Chapter 16 for county highways and Title 40, Chapter 67 for municipal roads to accomplish the
following:
(a) Any highway that the state, a county or a municipality proposes to construct or
reconstruct shall be designed to accommodate the safe operation of bicycles in
compliance with bicycle accommodation guidelines issued by the Commissioner of
Transportation by regulation.
(b) All county highways shall be improved to accommodate bicycles by the year
2020. To accomplish this objective, the Board of Chosen Freeholders in each county shall
develop a plan documenting current constraints to the use of bicycles on county
highways, proposing remedies to mitigate such constraints and establishing an
improvement schedule for implementing those improvements.
Failure to demonstrate progress in making roadways compatible with bicycle use,
including the preparation of a plan documenting how this will occur, shall constitute
rebuttable proof that the county has failed to adopt policies and programs to assure that
its roads will be compatible with reasonable use by bicyclists. (Or provide similar
language that increases the countys liability in the event of a bicycle accident resulting
from incompatible design if the county has taken no measures to begin to make its roads
compatible.)
(c) Provide similar language in 40:67 for municipal highways.
(d) Establish a state funding program for the preparation of planning documents, the
design of facilities and the construction of improvements by the state, counties and
municipalities.
3.1.15 Encouraging bicycles
Provide the following new section to the County Planning Statute and the Municipal Land Use
Law to authorize counties and municipalities to prepare bikeway plans.
Counties and municipalities may develop bicycle plans that identify a comprehensive
system of bikeways consisting of:
Roads that can be designated as bike routes because they provide convenient access
to community resources and have low traffic volumes and/or speeds;
Roads that should be marked with bicycle lanes to direct bicyclists because of the
connections that the roads can create, and;
Paths and trails that can augment roads in order to create a network of bikeways to
serve the subject community.
The agency having jurisdiction over any highway to be designated as a bikeway or
marked with bike lanes shall approve the proposed designation, which approval shall not
be unreasonably delayed or withheld. A bikeway or bike lane that conforms with design
guidelines published by the Department or AASHTO shall be assumed to be of an
acceptable design unless specific, objective engineering deficiencies in its design can be
enumerated by the agency having jurisdiction over the roadway.
3.1.16 Liability
A county and its engineer, as to a county highway or project, and a municipality and its engineer,
as to a municipal street or project, shall not be held liable for damages arising from any crash as
a result of designating a roadway as a bikeway or marking a portion of the roadway with bicycle
lanes, provided that the county or municipality adhered to generally accepted guidelines.
(Note: this section would have to be carefully drafted to accomplish the objective of silencing the
concerns of some engineers that they may be held liable for encouraging bicyclists to use their
roads if bicycle lanes were striped or bikeways were designated.)
3.1.17 Impact of parked cars on moving vehicles including bicycles
Parked cars present two sets of problems for bicyclists dooring, that is a door of a vehicle
being opened into the path of an approaching bicyclist, and conflicts with vehicles entering and
exiting parking spaces. Although these hazards are particularly serious for bicyclists, because of
their lack of protection, they also are hazards for drivers of motor vehicles traveling adjacent to
parking spaces.
The principal responsibility for avoiding a hazardous situation rests with the bicyclist; bicyclists
are already allowed to move to the left to avoid hazards associated with parked vehicles.
However, statutory language is needed to also establish responsibilities for operators and
occupants of parked motor vehicles.
The following language is recommended:
Supplement C. 39:4-135 with the following two new sections using language adapted from the
Uniform Vehicle Code:
C. 39:4-135.1 Opening and closing vehicle doors
No person shall open any door on a motor vehicle unless and until it is reasonably safe to
do so and can be done without interfering with the movement of other traffic, taking
special precaution not to interfere with bicycle traffic, nor shall any person leave a door
open on a side of a vehicle adjacent to moving traffic for a period of time longer than
necessary to load or unload passengers.
C. 39:4-135.2 Starting a parked vehicle
No person shall begin to drive a vehicle that is stopped, standing or parked unless and
until such movement can be made with reasonable safety and without interfering with the
movement of other traffic. Special care shall be taken to assure that such movement will
not interfere with an approaching bicycle or with any pedestrian.
3.2 Pedestrian issues
3.2.1 Definition of pedestrian
The definition of pedestrian in C. 39:1-1 shall be amended to read as follows:
Pedestrian means a person afoot, or any person in a wheelchair, either manually or
mechanically propelled, or other low-powered, mechanically propelled vehicle designed
specifically for use by a physically disabled person, or any person using crutches, or any
person being pushed in a stroller, carriage or similar device by another pedestrian.
3.2.2 Safe opportunities for pedestrian crossings
This new section should be provided either in Title 39 or Title 27.
The Commissioner as to state highways, each municipal governing body as to municipal
highways, and each county board of freeholder as to county highways shall assure that
each highway in the state that is located in a residential or business district provides safe
and convenient opportunities for pedestrians to cross the highway.
At least one accessible pedestrian crossing shall be provided every 300 linear feet along
any arterial or collector highway located in a residential or business district that the State
Planning Commission has designated to be a center.
At least one accessible pedestrian crossing shall be provided every 660 in any urban or
suburban area that has not been designated as a center by the State Planning Commission.
3.2.3 Safety zones
This new section should be provided in either Title 39 or Title 27.
An accessible pedestrian crossing not located at an intersection shall be provided with a
safety zone if it is located on any roadway having a traffic volume greater than 12,000
vehicles a day. (Source: Zegeer mid-block crosswalk study)
The provision of accessible mid-block pedestrian crossings with safety zones shall be
encouraged at frequent locations along highways classified by the Department as arterials
and located within residential or business districts, including suburban districts, and in
rural districts where pedestrians frequently cross a highway.
3.2.4 Crossing distances
Appropriate sections of Title 27 should be amended or supplemented to accomplish the
following objective.
Designers of roadways shall seek to limit to sixty (60) feet the distance that a pedestrian
must cross before reaching the opposite side of the street or a raised safety zone at all
designated crossing locations, including intersections controlled by traffic signals.
3.2.5 Meaning of crosswalks
Amend C. 39:4-33 to read as follows:
At intersections where traffic is directed by a police officer or traffic signal, no pedestrian
shall enter upon or cross the highway at a point other than a marked or unmarked
crosswalk. Pedestrians shall move, whenever practicable, upon the right half of
crosswalks.
The provision of a marked crosswalk at such an intersection shall not mean that
pedestrians may not cross at unmarked crosswalks situated at other locations within the
intersection. Pedestrians shall be generally free to use the marked or unmarked crosswalk
that provides the most convenient and direct crossing possible unless an engineering
analysis has determined that such a crossing presents a specific safety hazard for the
pedestrian. Delay or inconvenience to motor vehicle drivers shall not be considered a
hazard for the purpose of this article.
Amend C. 39:4-37 to read as follows:
Local authorities in their respective jurisdictions may regulate by ordinance, which shall
first be approved by the director, the crossing of pedestrians at intersections of roadways
where traffic on the roadways is controlled by traffic control signals.
The provision of a marked crosswalk at an intersection controlled by traffic control
signals shall not mean that pedestrians may not cross at unmarked crosswalks situated at
other locations within the intersection. Pedestrians shall be generally free to use the
marked or unmarked crosswalk that provides the most convenient and direct crossing
possible unless an engineering analysis has determined that such a crossing presents
specific safety hazards. Delay or inconvenience to motor vehicle drivers shall not be
considered a hazard for the purpose of this article.
3.2.6 Define local streets
Amend C. 39:1-1 to include the following definition for a local street:
Local street shall mean a highway having an average daily traffic volume of less than
1500 vehicles per day and that is posted with a speed limit of less than 35 miles per hour.
Note: 1500 vehicles per day is the upper threshold that the Residential Site Improvement
Standards establish for a residential neighborhood street.
3.2.7 Pedestrian crossings at locations not controlled by a police officer or a traffic
control signal
Amend C. 39:4-34 as follows:
39:4-34 Pedestrians to cross within crosswalk or at right angles; facing traffic;
sidewalks
Where traffic is not controlled and directed either by a police officer or a traffic control
signal, pedestrians shall cross the roadway within a crosswalk or, in the absence of a
crosswalk, and where not otherwise prohibited, at right angles to the roadway. This
section however shall not apply to pedestrians crossing local streets. It shall be unlawful
for a pedestrian to cross any highway having roadways separated by a medial barrier,
except where provision is made for pedestrian crossing.
The remainder of C. 39:4-34 should be moved to the following three new and supplementary
sections.
3.2.8 Pedestrian crossing of highway with roadways separated by a medial barrier
Add the following new and supplementary section: (Note: a keyword search indicated that the
term medial barrier is not defined in the state statutes. It is unclear if the current prohibition is
intended to apply to any median or only to a J ersey barrier type median. A middle approach is
proposed here medians with curbs or barriers greater than eight inches in height shall be
assumed to be medial barriers that prohibit pedestrian crossings. Conventional vertical curbs
along urban streets usually have a height of six inches or less; barriers and guide rails are usually
18 or greater in height, although some barriers less than one foot in height may still be in use. )
C. 39:4-34.1 Pedestrian crossing of highway with roadways separated by a medial barrier
It shall be unlawful for a pedestrian to cross any highway having roadways separated by a
medial barrier that has a height greater than eight inches (8). This section shall not
apply to local streets, which pedestrians may cross at any location.
3.2.9 Provisions for pedestrian crossings
Add the following new and supplementary section. Note: the following language may need
additional supplemental language added to state, county and municipal highway construction
statutes that appear in Title 27 and Title 40.
C. 39:4-34.2 Provisions for pedestrian crossings
The design of any highway having roadways separated by a raised median or medial
barrier, other than a limited access highway, shall incorporate frequent and convenient
provisions for accessible pedestrian crossings. In suburban and urban areas, provisions
for accessible pedestrian crossings shall be provided at least once every 660 feet unless
the agency having jurisdiction can document that there are no land uses that can produce
pedestrian trips and that the characteristics of the land prohibit the development of any
future land use that could generate pedestrian trips.
The design of any accessible pedestrian crossing of a medial barrier or raised median
shall incorporate an effective safety zone created by a raised medial island having a width
of at least 8 and that complies with design standards to be issued by the Commissioner
of Transportation.
3.2.10 Pedestrians traveling along highways other than local streets
Add the following new and supplementary section.
C. 39:4-34.3 Pedestrians traveling along highways other than local streets
All highways in New J ersey shall be designed to accommodate the safe movement of
pedestrians. For pedestrians seeking to walk along highways other than local streets, the
following shall apply:
(a) Where there are no sidewalks or paths provided for pedestrian use, pedestrians
shall, when practicable, walk only on the extreme left side of the roadway or its
shoulder, facing approaching traffic, except that pedestrians may walk in either
direction along the highways berm if it provides a place to walk.
(b) Where sidewalks are provided along both sides of a highway other than a local
street, it shall be unlawful for any pedestrian to walk along or upon an adjacent
roadway.
(c) Where sidewalks are provided along only one side of a highway other than a local
street, pedestrians shall seek to use the sidewalk provided. However, this shall not
mean that a pedestrian shall be prohibited from walking along the side of the
highway lacking a sidewalk unless an engineering study has determined that the
lack of adequate sight distance makes walking hazardous along the shoulder or
the edge of the roadway if no shoulder is available. In the event that an
engineering study has determined that a hazardous condition exists, temporary
signs shall be erected to restrict pedestrians from using that portion of the
roadway or shoulder. The agency having jurisdiction over such a hazardous
roadway shall immediately initiate plans to remedy the safety deficiency so that
pedestrians can be allowed to walk upon the roadway or shoulder, or a sidewalk
shall be constructed.
(d) Where a medial divider having a height greater than six inches physically
prohibits pedestrian crossings, or where pedestrian crossings of a highway are
prohibited by C. 39:4-34.1 or any other traffic control regulation or ordinance,
pedestrians shall not be prohibited from walking in either direction along the
paved shoulder of a highway, or along the edge of the roadway if a paved
shoulder is not available.
(e) Nothing in this section shall prohibit any pedestrian from traveling on the
shoulder of a roadway, or the edge of the roadway if no shoulder is available, in
the event that the sidewalk:
(i) is obstructed by snow, water, mud, overgrown landscaping or debris or
obstruction, or;
(ii) cannot be accessed as a result of the absence of curb ramps.
(f) Despite the provisions of this article, a person may jog or run on the extreme left
side of the roadway or its shoulder, facing approaching traffic, on any highway
unless the Commissioner by regulation has prohibited any pedestrian use of the
highway.
3.2.11 Pedestrian use of local streets
Add the following new section:
C. 39:4-34.4 Pedestrian use of local streets
Sections of this chapter restricting the movement of pedestrians across or along highways
shall not apply to local streets, nor shall this chapter limit pedestrians from the full access
and use of local streets.
Drivers of motor vehicles on local streets shall be observant of pedestrians on the street
and shall yield the right-of-way to any pedestrian encountered.
Pedestrians using a local street shall not block or unreasonably delay the passage of any
vehicle.
3.2.12 Play streets
New section:
C. 39:4-34.5 Play streets
A municipality may designate a segment of a local street a play street after:
a) conducting an engineering analysis to determine if the benefits of establishing
such a designation would outweigh any negative impacts, and;
b) determining that the use of the local street as a play street will be reasonably safe.
The municipality shall provide appropriate signage, markings or other devices to alert
drivers to the probable use of the street for play.
3.2.13 Speed limits C. 39:4-98
Amend subparagraph (a) of C. 39:4-98 as follows:
a. Twenty-five miles per hour, when passing through a school zone
(i) during recess, when the presence of children is clearly visible from the
roadway, or
(ii) while children are going to or leaving school, during opening or closing
hours; or
(iii) at any other time when children are visible along the street within the
school zone

Add the following to C. 39:4-98 -- relabel existing subparagraph (c) subparagraph (d).
(c) 20 miles per hour on any local street, as defined in this Title, in a residential or
business district, provided that the local municipality has adopted by ordinance a lowered
speed limit to better protect quality of life and pedestrian safety along the street. Signage
shall be provided identifying the local street as one on which a reduced speed limit has
been adopted.
3.2.14 Traffic signal poles not to block pedestrians
Amend C. 39:4-114 -- Traffic signal in paved roadway or poles in crosswalk lanes prohibited
No traffic signal shall be so located as to obstruct the paved width of the highway, nor
shall any pole carrying signal supports be so placed as to be in a marked or unmarked
pedestrian crosswalk, a pedestrian curb ramp, a sidewalk landing or a sidewalk. Where
there is, or may hereafter be erected a fixed raised safety zone, the highway area covered
by the raised safety zone shall not be construed to mean the paved width of the highway.
3.2.15 Traffic signs and utility poles
Provide new statute based on language from the MUTCD and ADA Accessible Rights-of-Way:
Traffic signs and utility poles shall not be placed within the pedestrian zone of a sidewalk
corridor. No protruding object shall be installed within a sidewalk corridor so as to create
a hazard as determined by regulations of the U.S. Access Board.
Utility companies and agencies having jurisdiction over signs shall inventory all non-
complying poles and signs and shall develop a plan to remove all poles or signs from the
pedestrian zone within an eight year period from the date this legislation is enacted.
After two years from the date this legislation is enacted, a utility company, public agency
or other person having control over a non-complying pole or sign shall be subject to a
fine of not less than $100 and not more than $500 for each violating incidence. Each day
that a non-complying pole or sign remains within a sidewalk corridor shall constitute a
separate incident. This section shall not apply to any pole or sign that is included within a
plan for removing non-complying poles and signs and which is scheduled to be replaced
within the eight year period grace period established by this section.
3.2.16 Compliance with ADA pedestrian rights-of-way
Provide a new section that:
Requires the state, all counties and all municipalities to comply with regulations and
guidelines of the U.S. Access Board governing pedestrian rights-of-way.
Establishes a process requiring each jurisdiction to develop a plan to remedy current
deficiencies along pedestrian rights-of-way.
Provides a funding source for this work.
3.2.17 Pedestrian access to and through commercial properties fronting on a highway
Provide the following new section to C. 40:65
C. 40:65-17 Pedestrian access to commercial property abutting a highway.
(a) Where commercial or other non-residential properties other than agriculture abut
a highway, and where the public is invited to enter the property through the construction
of access drives, the provision of parking lots and the erection of premise signage,
reasonable and convenient pedestrian access to and from the property shall not be
restricted.
(b) If a property described in subparagraph (a) abuts a section of highway that lacks
sidewalks on its side of the street, the owner of the property shall either:
(i) Construct a sidewalk along the highway within the berm portion of the
right-of-way reserved for the purpose of sidewalk construction, or;
(ii) Construct convenient pathways or walkways or pedestrians routes across
the owners property to permit pedestrians to traverse the frontage of the
lot
3.3 Traffic Calming
Provide new legislation, most likely to Title 27, Chapter 16 for counties and similar
legislation for Title 40, Chapter 55 for municipalities.
Any municipality or county may reconstruct any highway or segment of a highway under
its jurisdiction in order to reduce the effective design speed of the highway in order to
attain a desired and consistent speed profile among the drivers of vehicles using the
highway. To assure that drivers adhere to a desired maximum speed on the street, the
municipality or county may install devices that require a reduction in vehicle speed equal
to 60% of the posted or permitted speed.
3.3.1 Traffic calming devices
The legislature finds that a variety of traffic calming devices are available that, if
properly installed based on an engineered plan, can improve motor vehicle safety,
enhance the quality and safety of highways for other users, and improve the quality of life
for abutting property owners. The Commissioner, counties and municipalities are
encouraged to install traffic calming devices on the highways of New J ersey, provided
that in each instance an engineering study has determined that the selected devices are
appropriate for the site conditions and are consistent with the expectations of roadway
users regarding the class of highway being calmed.
3.3.2 Curb extensions
To encourage the use of curb extensions at both mid-block crosswalks and at
intersections, reduce the statutory no-parking zones established by C. 39:4-138 as
follows:
e. Within 25 feet of the nearest crosswalk or side line of a street or intersecting
highway, except within 10 feet at alleys or where a curb extension of at least six
feet has been provided for the crosswalk;
h. Within 50 feet of a stop sign, except where a curb extension of at least six feet
has been provided at the intersection that assures that the stop sign can be seen by
the driver of any approaching vehicle;
3.3.3 Local improvements
When at least 60% of the property owners along a local street petition the municipality to
construct traffic calming devices on the street, the municipality may construct traffic
calming devices as a local improvement, with the costs to be assessed to the abutting
property owners. The cost of implementing such a plan may be bonded by the
municipality for a ten-year period and amortized over that period by the property owners.
A traffic calming improvement plan and the plan for the benefit assessment shall be
referred to the abutting property owners, of whom at least 75% must approve of the plan.
Nothing in this subsection shall be interpreted to prohibit a municipality from
constructing traffic calming devices on a municipal street as a general improvement when
the governing body determines that such a general improvement is desirable.
3.3.4 Angled parking
Municipalities should be allowed to permit angled parking in business districts that have
been designated as centers and where the roadway geometry can support angled parking.
The following amended language is recommended based on 11-1004 (c) of the Uniform
Vehicle Code.
Amend the last paragraph of C. 39:4-8(c) to read as follows:
Nothing in this subsection shall allow municipalities or counties to establish angle
parking or to reinstate or add parking on any street, or approve the closure of streets for
more than 48 continuous hours, without the approval of the Commissioner of
Transportation.
Provide a new article to Chapter 39:4 to read as follows:
Angle parking
As used in this article, designated center shall mean a residential or business district
that is located within an area that the State Planning Commission has designated to be a
center.
(a) A municipality or county may by ordinance or resolution permit angle parking on
any roadway under its respective jurisdiction that is located within a business area that
has been designated as a center by the State Planning Commission, provided that an
engineering study has determined that the roadway is of sufficient width to permit angle
parking without interfering with the free movement of traffic.
(e) A municipality may conduct an engineering study to determine if a State highway
that is located within a designated center is of sufficient width to permit angle parking
without interfering with the safe movement of traffic, including bicycle and pedestrian
traffic. If such a study concludes that angle parking can be installed, the municipal
governing body may request the Commissioner to authorize the requested angle parking,
and the Commissioner shall, by regulation, authorize the parking if the Commissioner
determines by review of the engineering study that angle parking is appropriate.

Carmalt Eval NJ Sts Bike Walk

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Carmalt Eval NJ Sts Bike Walk

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EVALUATION OF NEW JERSEY STATUTES

AFFECTING BICYCLING AND WALKING

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