Bill Text: NJ A3322 | 2012-2013 | Regular Session | Amended
Bill Title: Requires certain local and State government entities to issue certain emergency warning light permits.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-12-12 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A3322 Detail]
Download: New_Jersey-2012-A3322-Amended.html
ASSEMBLY, No. 3322
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED SEPTEMBER 24, 2012
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
Assemblyman SCOTT T. RUMANA
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Requires certain local and State government entities to issue certain emergency warning light permits.
CURRENT VERSION OF TEXT
As reported by the Assembly Regulatory Oversight and Gaming Committee on December 12, 2013, with amendments.
An Act concerning emergency warning lights and amending P.L.1977, c.223, and P.L.1985, c.171 and repealing section 5 of P.L.1977, c.223 and section 4 of P.L.1985, c.171.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1977, c.223 (C.39:3-54.7) is amended to read as follows:
1. a. An active member in good standing of any of the following organizations may mount and operate, on a motor vehicle operated by that member, an emergency warning light or lights as provided in P.L.1977, c.223 (C.39:3-54.7 et seq.):
(1) a volunteer fire company or a volunteer first aid or rescue squad recognized by and rendering service in any municipality; or
(2) any county or municipal volunteer Office of Emergency Management recognized by and rendering service in any county or municipality, provided the member's official duties include responding to a fire or emergency call.
b. [The Chief Administrator of the New Jersey Motor Vehicle Commission shall not require the member to specify on which motor vehicles the emergency warning light or lights may be mounted] A permit for a qualified member of a volunteer fire company, volunteer first aid or rescue squad, or municipal volunteer Office of Emergency Management to mount and operate an emergency warning light or lights 1[by]1 shall be issued by the municipality in which the applicant's service is being provided, in a manner and form prescribed by the Chief Administrator of the New Jersey Motor Vehicle Commission.
c. A permit for a qualified member of a county volunteer Office of Emergency Management to mount and operate an emergency warning light or lights shall be issued by the county in which the applicant's service is being provided, in a manner and form prescribed by the Chief Administrator of the New Jersey Motor Vehicle Commission.
d. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Chief Administrator of the New Jersey Motor Vehicle Commission, may adopt rules and regulations to effectuate the purposes of this act.
(cf: P.L.2005, c.218, s.1)
2. Section 1 of P.L.1985, c.171 (C.39:3-54.15) is amended to read as follows:
1. a. (1) A current
chief of police of a
municipality or the first
assistant to the chief of police of a municipality; a current chief
or first assistant chief of a volunteer fire company[, or];
a chief officer 1or
the first assistant to the chief officer1 of a first aid or rescue squad,
recognized by and rendering service in any municipality; or a municipal emergency management coordinator
or deputy municipal emergency management coordinator may be granted a permit to mount
and operate on a motor vehicle owned or leased by him [and registered in his
name] a red
emergency warning light or lights, a siren, or both, as prescribed in P.L.1985,
c.171 (C.39:3-54.15 et seq.). The size and type of lights and siren, and the
location of their controls, shall be determined by the Chief Administrator of
the New Jersey Motor Vehicle Commission.
(2) The permit shall be issued by the municipality in which the applicant's service is being provided, in a manner and form prescribed by the Chief Administrator of the New Jersey Motor Vehicle Commission.
b. (1) A county medical examiner or his deputy, assistant, or investigator; a county, or deputy county, emergency management coordinator; or a member of a search and rescue team, which has been recognized by a county office of emergency management, may be granted a permit to mount and operate on a motor vehicle a red emergency warning light or lights, a siren, or both, as prescribed in P.L.1985, c.171 (C.39:3-54.15 et seq.). The size and type of lights and siren, and the location of their controls, shall be determined by the Chief Administrator of the New Jersey Motor Vehicle Commission.
(2) The permit shall be issued by the county in which the applicant's service is being provided, in a manner and form prescribed by the Chief Administrator of the New Jersey Motor Vehicle Commission.
c. (1) A member of a search and rescue team, which has been recognized by the State Office of Emergency Management, may be granted a permit to mount and operate on a motor vehicle a red emergency warning light or lights, a siren, or both, as prescribed in P.L.1985, c.171 (C.39:3-54.15 et seq.). The size and type of lights and siren, and the location of their controls, shall be determined by the Chief Administrator of the New Jersey Motor Vehicle Commission.
(2) The permit shall be issued by the State Office of Emergency Management, in a manner and form prescribed by the Chief Administrator of the New Jersey Motor Vehicle Commission.
d. (1) An organization engaged in the manufacture or sale of emergency vehicles or equipment 1[and] may be granted a permit to mount and operate on a motor vehicle a red emergency warning light or lights, a siren, or both, as prescribed in P.L.1985, c.171 (C.39:3-54.15 et seq.), when1 operated by an employee thereof only for the purpose of demonstration or delivery.
(2) The permit shall be issued by the Chief Administrator of the New Jersey Motor Vehicle Commission.
e. Emergency warning lights and sirens mounted pursuant to this section may be operated only while the vehicle is being used for official purposes.
(cf: P.L.2005, c.218, s.7)
3. Section 1 of P.L.1985, c.171 (C.39:3-54.19) is amended to read as follows
1. This act shall not grant to any [chief or first assistant chief of a volunteer fire company] person authorized to display red emergency warning lights, sirens, or both any privileges or exemptions denied to the drivers of other vehicles, and persons displaying red emergency warning lights, sirens, or both, shall drive with due regard for the safety of all persons and shall obey the traffic laws of this State; but drivers of nonemergency vehicles upon any highway shall yield the right of way to the vehicle of any [chief or first assistant chief of a volunteer fire company] authorized person displaying red emergency warning lights, sirens, or both, in the same manner as is provided for authorized emergency vehicles pursuant to R.S. 39:4-92.
(cf: P.L.1985, c.171, s.5)
4. The following sections are repealed:
Section 5 of P.L.1977, c.223 (C.39:3-54.11); and
Section 4 of P.L.1985, c.171 (C.39:3-54.18).
5. This act shall take effect on the first day of the seventh month following enactment, but the Chief Administrator of the New Jersey Motor Vehicle Commission may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.