Permits designation of special event zones for traffic regulation purposes during certain large events.

A1469

ASSEMBLY, No. 1469

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ANTWAN L. MCCLELLAN

District 1 (Atlantic, Cape May and Cumberland)

Co-Sponsored by:

Assemblymen Simonsen, Clifton, Assemblywoman Flynn,
Assemblymen McGuckin, Kanitra, Assemblywomen Dunn, Murphy, Speight and
Assemblyman Moen

SYNOPSIS

���� Permits designation of special event zones for
traffic regulation purposes during certain large events.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning traffic regulation, supplementing Title 39
of the Revised Statutes, and amending R.S.39:4-197.

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

���� 1.��� (New section)� a.� As
used in this section:

���� �Commissioner� means the
Commissioner of Transportation.

���� �Department� means the
Department of Transportation.

���� �Exhibition driving� means:
(1) the operation of a motor vehicle in a manner that results in (a) the
excessive, abrupt acceleration or deceleration of the motor vehicle; (b) the
skidding, squealing, burning, or smoking of the tires of the motor vehicle; (c)
the swerving or swaying of the motor vehicle from side to side while skidding;
(d) the engine of the motor vehicle producing an unreasonably loud, raucous, or
disturbing noise; (e) the grinding of the gears of the motor vehicle or the
backfiring of the engine of the motor vehicle; or (f) any of the wheels of the
motor vehicle losing contact with the ground; or (2) the transportation of a
passenger on or in an area of a motor vehicle that is not designed or intended
for passenger transport, such as the hood or roof of the motor vehicle.

���� �Special event� means any
automotive or motor vehicle event occurring on or near a roadway, which event
either has been approved by the county or municipality in which the event is
located, or is expected to have 25 or more persons in attendance.

���� b.��� (1)� When a special
event occurs, or is expected to occur, on or near any roadway under the
jurisdiction of the department, the commissioner may designate all or part of
the roadway, including any parking structures or other property located within
the designated area, as a special event zone.� Notwithstanding any provision of
law to the contrary, the commissioner may reduce the established speed
limitations on any roadways within the special event zone after determining
that the reduction is necessary to ensure public safety during the special
event.�

���� (2)�� When a special event
occurs, or is expected to occur, on or near any roadway under the jurisdiction
of a municipality, the governing body of the municipality may designate all or
part of the roadway, including any parking structures or other property located
within the designated area, as a special event zone.� Notwithstanding any
provision of law to the contrary, the governing body of the municipality may
reduce the established speed limitations on any roadways within the special
event zone after determining that the reduction is necessary to ensure public
safety during the special event.

���� (3)�� When a special event
occurs, or is expected to occur, on or near any roadway under the jurisdiction
of a county, the board of county commissioners of the county may designate all
or part of the roadway, including any parking structures or other property
located within the designated area, as a special event zone.� Notwithstanding
any provision of law to the contrary, the board of county commissioners of the
county may reduce the established speed limitations on any roadways within the
special event zone after determining that the alteration is necessary to ensure
public safety during the special event.

���� c.���� (1)� A reduced speed
limitation established pursuant to subsection b. of this section shall become
effective when posted, except that the speed limitation shall only be effective
when the special event zone remains in effect. �A person who operates a motor
vehicle in excess of the reduced speed limitation shall be deemed to violate
the provisions of R.S.39:4-98, except that in addition to any other penalties
that may be imposed for such offense, the person shall be subject to the fine
amount set forth in subsection e. of this section.�

���� (2)�� A person shall not
engage in exhibition driving within a special event zone.

���� d.��� A special event zone
designated pursuant to this section shall remain in effect for the duration of
the special event and for a reasonable period of time before and after the
special event.� While the special event zone remains in effect, the department,
municipality, or county, as applicable, shall maintain appropriate signage on
or along the special event zone.� At a minimum, the signage shall indicate:

���� (1)�� the period of time in
which the special event zone shall remain in effect;

���� (2)�� any reduced speed
limitation established within the special event zone, if applicable;

���� (3)�� that exhibition driving
shall be prohibited within the special event zone; and

���� (4)�� that a person shall be
subject to increased penalties for certain traffic offenses occurring within
the special event zone.

���� e.���� (1)� Notwithstanding
any provision of law to the contrary, a person shall be subject to a fine not
exceeding $1,000 for any of the following offenses occurring within a special
event zone:�

���� (a)�� a violation of
R.S.39:4-98, including any violation of paragraph (1) of subsection c. of this
section;

���� (b)�� a violation of
R.S.39:4-97; and

���� (c)�� a violation of
R.S.39:4-52.

���� (2)�� Notwithstanding any
provision of law to the contrary, a person shall be subject to a fine not
exceeding $1,000, a term of imprisonment not exceeding 60 days, or both, for
any of the following offenses occurring within a special event zone:�

���� (a)�� a violation of paragraph
(2) of subsection c. of this section; and

���� (b)�� a violation of
R.S.39:4-96.

���� 2.��� The Department of
Transportation may adopt, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be
necessary to implement the provisions of P.L.� , c. (C.�� )(pending before the
legislature as this bill).

���� 3.��� R.S.39:4-197 is amended
to read as follows:

���� 39:4-197.� Except as otherwise
provided in R.S.39:4-8, no municipality shall pass an ordinance or resolution
on a matter covered by or which alters or in any way nullifies the provisions
of this chapter or any supplement to this chapter; except that a municipality
may pass, without the approval of the commissioner, and consistent with the
current standards prescribed by the Manual on Uniform Traffic Control Devices
for Streets and Highways, ordinances or resolutions, or by ordinances or
resolutions may authorize the adoption of regulations by the board, body, or
official having control of traffic in the public streets, regulating special
conditions existent in the municipality on the subjects and within the
limitations following:

���� (1)�� Ordinance:

���� a.���� Altering speed
limitations as provided in R.S.39:4-98;

���� b.��� Limiting use of streets
to certain class of vehicles, except that nothing in this paragraph shall
permit a municipality to pass an ordinance or resolution limiting use of
streets by commercial motor vehicles without the approval of the commissioner;

���� c.���� Designating one-way
streets;

���� d.��� Regulating the stopping
or starting of street cars at special places, such as railroad stations, public
squares or in front of certain public buildings;

���� e.���� Regulating the passage
or stopping of traffic at certain congested street corners or other designated
points, including the establishment of multi-way stop controls;

���� f.���� Regulating the parking
of vehicles on streets and portions thereof, including angle parking as
provided in R.S.39:4-135;

���� g.��� Regulating the parking
of vehicles upon land owned or leased and maintained by the municipality, a
parking authority or the board of education of a school district, including any
lands devoted to the public parking of vehicles, the entrances thereto and exits
therefrom;

���� h.��� Regulating the entrances
to and exits from parking yards and parking places which are open to the public
or to which the public is invited, except that this shall not apply to
entrances or exits to and from State highways;

���� i.���� Designating streets or
roads upon which buses and trucks over four tons gross weight may be required
not to exceed specially fixed limits based on engineering and traffic
investigation and to use a lower gear in descending steep declivities having a
grade in excess of
[
5%
]

five
percent
fixing such special speed limits and providing for the use of such
a gear thereon; and

���� j.���� Designating any
intersection as a stop intersection and erecting appropriate signs, on streets
under municipal jurisdiction if that intersection is located within 500 feet of
a school, or of a playground or youth recreational facility and the street on which
the stop sign will be erected is contiguous to that school, playground, or
youth recreational facility. The municipal engineer shall certify to the
following in regard to the designated site in which a stop intersection is
being designated: (i) that both intersecting streets are under municipal
jurisdiction; (ii) that the intersection is within 500 feet of a school,
playground, or youth recreational facility as defined herein; and (iii) that
the intersection is on a street contiguous to a school, playground, or youth
recreational facility.� A claim against a municipality for damage or injury
under this subparagraph for a wrongful act or omission shall be dismissed if
the municipality is deemed to have conformed to the provisions contained in
this subparagraph.

���� (2)�� Ordinance or resolution:

���� a.���� Designating through
streets, as provided in article 17 of this chapter (R.S.39:4-140 et seq.); and

���� b.��� Designating and
providing for the maintenance as "no passing" zones of portions of
highway where overtaking and passing or driving to the left of the roadway is
deemed especially hazardous.

���� (3)�� Ordinance, resolution,
or regulation:

���� a.���� Designating stops,
stations, or stands for omnibuses and taxis;

���� b.��� Designating curb loading
zones;
[
and
]

���� c.���� Designating restricted
parking spaces for use by persons who have been issued special vehicle
identification cards by the New Jersey Motor Vehicle Commission pursuant to the
provisions of P.L.1949, c.280 (C.39:4-204 et seq.) and section 1 of P.L.1977,
c.202 (C.39:4-197.5). Any person parking a motor vehicle in a restricted
parking space without a special vehicle identification card shall be liable to
a fine of $250 for the first offense and, for subsequent offenses, a fine of at
least $250 and up to 90 days' community service on such terms and in such form
as the court shall deem appropriate, or any combination thereof
; and

����
d.��� Designating a special
event zone pursuant to section 1 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill)
.

(cf: P.L.2008, c.110, s.2)

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill permits the
designation of �special event zones� for the purpose of regulating traffic
during certain �special events.�� The bill defines a �special event� as any
automotive or motor vehicle event occurring on or near a roadway, which event
either has been approved by the county or municipality in which the event is
located or is expected to have 25 or more persons in attendance.�

���� When a special event occurs,
or is expected to occur, on any roadway under the jurisdiction of the
Department of Transportation (DOT), the bill permits the Commissioner of
Transportation (commissioner) to designate all or part of the roadway,
including any parking structures or other property located within the
designated area, as a special event zone.� Similarly, when a special event
occurs, or is expected to occur, on a roadway under the jurisdiction of a
county or municipality, the county or municipality may also designate the area
as a special event zone.� In either case, the special event zone would remain
in effect for the duration of the special event and for a reasonable period of
time before and after the special event.� While the special event zone remains
in effect, the DOT, municipality, or county, as applicable, would be required
to maintain appropriate signage on or along the special event zone.�

���� Under the bill, certain
traffic regulations would be altered within the special event zone while the
zone remains in effect, including: (1) an allowance for the DOT, county, or
municipality, as applicable, to reduce the established speed limitations, as such
reductions are deemed necessary to ensure public safety; and (2) the
prohibition of �exhibition driving,� which the bill defines to include certain
forms of disruptive or erratic driving; and (3) the imposition of increased
penalties for certain traffic offenses.�

���� Specifically, the bill
provides that a person would be subject to a fine not exceeding $1,000 after
committing the following traffic offenses within a special event zone: (1)
operating a motor vehicle in excess of the posted speed limitation; (2) careless
driving; and (3) operating a motor vehicle for a wager, in a race, or for the
purposes of making a speed record.� Additionally, a person who engages in
exhibition driving or reckless driving within a special event zone would be
subject to a fine not exceeding $1,000, a term of imprisonment of up to 60
days, or both.�

���� Under current law, the
commissioner is required to approve certain types of local traffic regulations
before those regulations may take effect.� Under the bill, the designation of a
special event zone by a county or municipality would take effect without
requiring the approval of the commissioner.