Bill Text: NJ A3918 | 2014-2015 | Regular Session | Introduced
Bill Title: "Commercial Motor Vehicle State Highway Parking Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-12-04 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A3918 Detail]
Download: New_Jersey-2014-A3918-Introduced.html
Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
SYNOPSIS
"Commercial Motor Vehicle State Highway Parking Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning commercial motor vehicle parking on State highways, amending R.S.39:4-136, and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:4-136 is amended to read as follows:
[No] a. A person shall not park or leave standing, a vehicle, whether attended or unattended, upon the roadway, outside of a business or residence district, when it is practicable to park or leave it standing off the roadway.
b. In no event shall a person park or leave standing a vehicle whether attended or unattended, upon a roadway, unless a clear and unobstructed width of not less than [fifteen] 20 feet upon the roadway opposite the standing vehicle is left for free passage of other vehicles thereon, nor unless a clear view of the vehicle may be obtained from a distance of [two hundred] 300 feet in each direction upon the roadway. In addition to any other penalty or fine imposed, a person who parks or leaves standing a vehicle upon a roadway in violation of this subsection, shall be subject to a penalty of $100 for the first offense and $250 for the second and each subsequent offense.
c. In the event that a vehicle is disabled or otherwise unable to proceed while on the roadway of a highway, the driver or person in charge of [such] the vehicle shall immediately, by the quickest means of communication, notify the nearest police authority.
d. Any vehicle, upon a roadway, which is disabled to the extent that the operator cannot move it, or any unoccupied vehicle parked or standing in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and any peace officer may provide for the removal of [such] the vehicle. The owner shall pay the reasonable costs of the removal and storage which may result from [such] the removal, before regaining possession of the vehicle.
(cf: P.L.1951, c.23, s76.)
2. (New section) a. A person shall not park or leave standing a vehicle, whether attended or unattended, on the shoulder of an entry or exit ramp on a State highway or on the shoulder of a State highway within 1,000 feet of an entry or exit ramp.
b. In the event that a vehicle is disabled or otherwise unable to proceed while on the shoulder of an entry or exit ramp of a State highway or on the shoulder of a State highway within 1,000 feet of an entry or exit ramp, the driver or person in charge of the vehicle shall immediately notify the nearest police authority.
c. In addition to any other penalty or fine imposed, a person who parks or leaves standing a vehicle in violation of this section, shall be subject to a penalty of $100 for the first offense and $250 for the second and each subsequent offense.
3. (New section) Sections 3 through 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "Commercial Motor Vehicle State Highway Parking Act."
4. (New section) The Legislature finds and declares that:
a. The shortage of parking for commercial motor vehicles on State highways creates a situation on the roadways that endangers public safety;
b. Commercial motor vehicle drivers are subject to federal and State rules which limit the number of hours a driver may be on-duty before the driver is required to rest, but recent studies have shown that there is an insufficient number of parking spaces available to drivers where they can safely stop to sleep;
c. As a result, commercial motor vehicle drivers often find themselves in a position where they have few options other than to park on the shoulder of a State highway;
d. Commercial motor vehicle parking projects are eligible for federal Highway Safety Improvement Program, Surface Transportation Program, and National Highway Performance Program funds. States may use federal funds received through those programs to: construct safety rest areas that include parking for commercial motor vehicles, construct commercial motor vehicle parking facilities adjacent to rest stops and travel plazas, open existing facilities to commercial motor vehicles for parking, promote the availability of existing public and private parking options, and construct turnouts for commercial motor vehicles on State highways; and therefore
e. It is in the best interests of the citizens of this State for the Department of Transportation and the Division of Highway Traffic Safety in the Department of Law and Public Safety to investigate ways to increase the number of parking spaces available to commercial motor vehicles on State highways and reduce the number of commercial motor vehicles parked on the shoulders of State highways.
5. (New section) a. The Commissioner of Transportation in consultation with the Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety shall analyze the shortage of parking available for commercial motor vehicles and determine the number and location of additional parking spaces necessary to reduce the number of commercial motor vehicles parked on the shoulders of State highways in the State by 75 percent.
b. The commissioner, in consultation with the director, shall prepare a list of projects that will make additional parking available for commercial motor vehicles on State highways or publicize the availability of existing parking resources on State highways and that qualify for federal funding under the Highway Safety Improvement Program, Surface Transportation Program, or the National Highway Performance Program. The projects included on the list shall be sufficient to achieve the 75 percent reduction required by subsection a. of this section.
c. The analysis and project list shall be completed and submitted to the Senate Transportation Committee and the Assembly Transportation and Independent Authorities Committee within 60 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
d. The commissioner shall annually include in the list of proposed projects submitted to the Legislature pursuant to section 22 of P.L.1984, c.73 (C.27:1B-22) those projects identified under subsection b. of this section that qualify for funding from the federal Highway Safety Improvement Program, Surface Transportation Program, and National Highway Performance Program to fund the. The Legislature shall annually appropriate from the revenues and other funds of the New Jersey Transportation Trust Fund Authority those funds that are necessary to complete the identified projects.
e. The Department of Transportation shall proceed expeditiously to complete the projects identified in subsection b. of this section and shall provide a schedule for completion, as well as bi-annual progress reports on the status of the various projects, including but not limited to project descriptions, the status to date of each project, additional work required, together with related time schedules to complete each project, the amounts and sources of funds appropriated to date, and the estimated additional amounts and sources of funds needed to complete each project, and any modification to the original scope of a project, to the Senate Transportation Committee and the Assembly Transportation and Independent Authorities Committee, or their successor committees. The schedule shall be provided six months after the original project list is provided to the committees pursuant to subsection c. of this section.
6. This act shall take effect immediately.
STATEMENT
This bill, to be known as the "Commercial Motor Vehicle State Highway Parking Act," requires the Commissioner of Transportation (commissioner) in consultation with the Director of the Division of Highway Traffic Safety (director) in the Department of Law and Public Safety to analyze the shortage of parking available for commercial motor vehicles on State highways and determine the number and location of additional parking spaces necessary to reduce the number of commercial motor vehicles parked on the shoulders of State highways in the State by 75 percent.
The commissioner and the director are also required prepare a list of projects that will make additional parking available for commercial motor vehicles on State highways or publicize the availability of existing parking resources on State highways and that qualify for federal funding under the Highway Safety Improvement Program, Surface Transportation Program, or the National Highway Performance Program The projects included on the list are to be sufficient to achieve the 75 percent reduction in commercial motor vehicles parking on the shoulders of roadways.
The commissioner is required to include the commercial motor vehicle parking projects in the annual list of proposed projects submitted to the Legislature. The Legislature is to appropriate from the revenues and other funds of the New Jersey Transportation Trust Fund Authority sums as are necessary to complete the projects.
The Department of Transportation is to proceed expeditiously to complete the projects and is required to provide a schedule for completion, as well as periodic progress reports on the status of the various projects to the Senate Transportation Committee and the Assembly Transportation and Independent Authorities Committee.
In addition, this bill changes the standards concerning how a motor vehicle may be parked or left standing on a roadway. Under current law, a person may only park a vehicle on a roadway if a clear and unobstructed width of not less than 15 feet is left for other vehicles to pass by. The bill increases the distance to 20 feet. Also under current law, a person may only park a vehicle if a clear view of the vehicle may be obtained from a distance of 200 feet in each direction. The bill increases that distance to 300 feet. The bill provides that in addition to any other penalty or fine imposed, a person who parks or leaves standing a vehicle upon a roadway in violation of the law is subject to a penalty of $100 for the first offense and $250 for the second and each subsequent offense.
Finally, the bill establishes a separate violation for parking or leaving a vehicle standing on the shoulder of an exit ramp on a State highway, or within 1,000 feet of an entry or exit ramp. In addition to any other penalty or fine imposed, a person who parks or leaves standing a vehicle in violation of this prohibition is subject to a penalty of $100 for the first offense and $250 for the second and each subsequent offense.
The shortage of parking for commercial motor vehicles on the highway system in this State creates a situation on the roadways that endangers public safety. Commercial motor vehicle drivers are subject to federal and State rules which limit the number of hours a driver may be on-duty before the driver is required to rest, but recent studies have shown that there are insufficient parking spaces available to drivers where they can safely stop to rest. As a result, commercial motor vehicle drivers often find themselves in a position where they have few options other than to park on the shoulder, causing a public safety hazard.
