Bill Text: NJ S2154 | 2012-2013 | Regular Session | Introduced


Bill Title: Establishes certain traffic privileges for funeral processions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-07-30 - Introduced in the Senate, Referred to Senate Transportation Committee [S2154 Detail]

Download: New_Jersey-2012-S2154-Introduced.html

SENATE, No. 2154

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED JULY 30, 2012

 


 

Sponsored by:

Senator  GERALD CARDINALE

District 39 (Bergen and Passaic)

Senator  LORETTA WEINBERG

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Establishes certain traffic privileges for funeral processions.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning funeral processions supplementing Title 39 of the Revised Statutes, and amending P.L.1951, c.264.

 

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

 

     1.    (New section) a.  Notwithstanding the provisions of R.S.39:4-93, an operator of a motor vehicle on a highway is prohibited from interrupting a funeral procession, and shall yield the right-of-way to any vehicle which is being driven in a funeral procession that displays amber warning lights issued pursuant to section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) and bears a flag or other insignia designating it as part of the funeral procession.

b.    The driver of a vehicle which is being driven in a funeral procession may:

(1)   park or stand, notwithstanding any provision of this chapter to the contrary;

(2)   proceed past a red traffic control signal or stop sign if the lead vehicle in the procession started through the intersection while the traffic control signal was green or, in the case of a stop sign, the lead vehicle first came to a complete stop before proceeding through the intersection;

(3)   display an amber warning light in accordance with section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill); and

(4)   proceed on the New Jersey Turnpike or Garden State Parkway without being required to pay a toll at a toll barrier in accordance with regulations adopted by the Executive Director of the New Jersey Turnpike Authority pursuant to section 1 of P.L.1951, c.264 (C.27:23-25).

c.     This section shall not relieve the driver of a vehicle which is being driven in a funeral procession from yielding the right-of-way to an emergency vehicle pursuant to R.S.39:4-91.

d.    A person who knowingly interrupts or fails to yield the right-of-way to any vehicle which is being driven in a funeral procession shall be fined $100.

 

     2.    (New section) a.  A funeral director, licensed pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), may distribute amber warning lights on a temporary basis to any operator of a vehicle which is being driven in a funeral procession.

     b.    Any operator of a vehicle which is being driven in a funeral procession in accordance with section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) may display on that motor vehicle an amber warning light which shall be displayed only while the motor vehicle is being driven in a funeral procession.

     c.     The amber warning lights authorized under the provisions of this act shall be temporarily attached, removable lights of the flashing or revolving type, and not more than 7 1/2 inches in diameter, not more than 51 candle power.  While in operation, the amber warning light shall be conspicuously displayed on the roof of the motor vehicle.

     d.    Nothing herein shall be construed to grant any person displaying and operating an amber warning light pursuant to the provisions of this act any privileges or exemptions denied to the drivers of other motor vehicles except as provided under section  1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

     e.     The Chief Administrator or the New Jersey Motor Vehicle Commission, P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act.

 

3.  Section 1 of P.L.1951, c.264 (C.27:23-25) is amended to read as follows:

     1.    No vehicle shall be permitted to make use of any highway project or part thereof operated by the New Jersey Turnpike Authority created pursuant to P.L.1948, c.454 (C.27:23-1 et seq.) (hereinafter called the "Authority") except upon the payment of such tolls, if any, as may from time to time be prescribed by the Authority.  It is hereby declared to be unlawful for any person to refuse to pay, or to evade or to attempt to evade the payment of such tolls; provided, however, that the Executive Director of the Authority shall establish regulations requiring the that the payment of tolls be waived for any funeral procession pursuant to paragraph 3 of subsection b. of section  1 of P.L.    , c.    (C.        )(pending before the Legislature as this bill) at any toll barrier of any highway project or part thereof operated by the Authority.

(cf: P.L.2003, c.79, s.29)

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

This bill establishes certain traffic privileges for motor vehicle operators who are part of a funeral procession.  Specifically, the bill requires motor vehicle operators to yield the right of way to a funeral procession proceeding, and prohibits the interruption of a funeral procession.  It should be noted, however, that under current law a procession that takes longer than five minutes to pass may be interrupted every five minutes to allow for the passage of waiting traffic.

This bill also authorizes a driver of a vehicle in a funeral procession to park or stop his vehicle anywhere, regardless of an existing law to the contrary.  The bill further permits motorists in a funeral procession to drive their vehicles through intersections without stopping for a stop sign or red traffic signal, if the driver of the lead vehicle in the procession obeyed the applicable traffic laws in crossing the intersection.  A $100 fine for interrupting or failing to yield to a funeral procession is established under the provisions of the bill.

In addition, the bill allows funeral directors to temporarily issue amber warning lights to motorists participating in a funeral procession.  The lights are to be not more than 7 1/2 inches in diameter, and not more than 51 candle power.  While in operation, the amber warning light must be conspicuously displayed on the roof of the motor vehicle.

Finally, the bill requires the Executive Director of the Turnpike Authority to establish regulations requiring that the payment of tolls be waived at any toll barrier of any highway project. A "highway project" is defined, in part, as including the NJ Turnpike or Garden State Parkway.

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