Permits municipality to establish restricted parking spaces for certain volunteer firefighters.

A4155

ASSEMBLY, No. 4155

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

Assemblywoman� ANNETTE QUIJANO

District 20 (Union)

Co-Sponsored by:

Assemblyman Scharfenberger

SYNOPSIS

���� Permits municipality to establish restricted parking
spaces for certain volunteer firefighters.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning volunteer firefighter parking, amending
R.S.39:4-8, R.S.39:4-138, and R.S.39:4-197, 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.39:4-8 is amended to
read as follows:

���� 39:4-8.� a.� Except as
otherwise provided in this section, no ordinance, resolution, or regulation
concerning, regulating, or governing traffic or traffic conditions, adopted or
enacted by any board or body having jurisdiction over highways, shall be of any
force or effect unless the same is approved by the commissioner, according to
law.� The commissioner shall not be required to approve any such ordinance,
resolution, or regulation, unless, after investigation by the commissioner, the
same shall appear to be in the interest of safety and the expedition of traffic
on the public highways. The commissioner's investigation need not include more
than a review of the ordinance, resolution, or regulation, and the supporting
documentation submitted by a board or body having jurisdiction over highways,
unless the commissioner determines that additional investigation is warranted.�

���� Prior to the adoption of any
municipal or county ordinance, resolution, or regulation, which places any
impact on roadways in an adjoining municipality or county, the governing board
or body of the municipality or county shall provide appropriate notice to the
adjoining municipality or county.

���� Notwithstanding any other
provision of this section to the contrary, any municipal or county ordinance,
resolution, or regulation which places any impact on a State roadway shall
require the approval of the commissioner.

���� Where the commissioner's
approval is required, a certified copy of the adopted ordinance, resolution, or
regulation shall be transmitted by the clerk of the municipality or county, as
applicable, to the commissioner within 30 days of adoption, together with: a
copy of the municipal or county engineer's certification, a statement of the
reasons for the municipal or county engineer's decision, detailed information
as to the location of streets, intersections, and signs affected by the
ordinance, resolution, or regulation, and traffic count, crash, and speed
sampling data, when appropriate.� The commissioner may invalidate the
provisions of the ordinance, resolution, or regulation if the commissioner
finds that the provisions of the ordinance, resolution, or regulation are
inconsistent with the Manual on Uniform Traffic Control Devices for Streets and
Highways, inconsistent with accepted engineering standards, are not based on
the results of an accurate traffic and engineering survey, or place an undue
traffic burden or impact on the State highway system, or affect the flow of
traffic on the State highway system.

���� b.��� (1) A municipality may,
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, establish by ordinance, resolution, or regulation, any of
the provisions contained in R.S.39:4-197.

���� (a)�� (Deleted by amendment,
P.L.2008, c.110)

���� (b)�� (Deleted by amendment,
P.L.2008, c.110)

���� (c)�� (Deleted by amendment,
P.L.2008, c.110)

���� (d)�� (Deleted by amendment,
P.L.2008, c.110)

���� (2)�� A county may, 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, establish by ordinance, resolution, or regulation, any of the
provisions contained in R.S.39:4-197.

���� (a)�� (Deleted by amendment,
P.L.2008, c.110)

���� (b)�� (Deleted by amendment,
P.L.2008, c.110)

���� (c)�� (Deleted by amendment,
P.L.2008, c.110)

���� (d)�� (Deleted by amendment,
P.L.2008, c.110)

���� (3)�� The municipal or county
engineer shall, under his seal as a licensed professional engineer, certify to
the governing body of the municipality or county, as appropriate, that any
designation or erections of signs or placement of pavement markings has been
approved by the engineer after investigation of the circumstances, appears to
the engineer to be in the interest of safety and the expedition of traffic on
the public highways, and conforms to the current standards prescribed by the
Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted
by the commissioner.

���� The provisions of the
ordinance, resolution, or regulation shall be consistent with the Manual on
Uniform Traffic Control Devices for Streets and Highways, consistent with
accepted engineering standards, based on the results of an accurate traffic and
engineering survey, and not place an undue traffic burden or impact on streets
in an adjoining municipality or negatively affect the flow of traffic on the
State highway system.

���� Nothing in this subsection
shall allow municipalities to designate any intersection with any highway under
State or county jurisdiction as a stop or yield intersection or counties to
designate any intersection with any highway under State or municipal jurisdiction
as a stop or yield intersection.

���� c.���� Subject to the
provisions of R.S.39:4-138, in the case of any street under municipal or county
jurisdiction, a municipality or county may, 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, by
ordinance, resolution, or regulation:

���� (1)�� prohibit or restrict
general parking;

���� (2)�� designate restricted
parking under section 1 of P.L.1977, c.309 (C.39:4-197.6);

���� (3)�� designate time limit
parking;

���� (4)�� install parking meters;

���� (5)�� designate loading and
unloading zones and taxi stands;

���� (6)�� approve street closings
for periods up to 48 continuous hours;

���� (7)�� designate restricted
parking under section 1 of P.L.1977, c.202 (C.39:4-197.5);

���� (8)�� establish angle parking;

[
and
]

���� (9)�� reinstate or add parking
on any street
; and

����
(10)� designate restricted
parking under section 4 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill)
.

���� d.��� A municipality or county
may, 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, by ordinance, resolution, or regulation, regarding any
street under its jurisdiction, install or place an in-street pedestrian
crossing right-of-way sign at a marked crosswalk or unmarked crosswalk at an
intersection.� The installation shall be subject to guidelines issued by the
commissioner after consultation with the Director of the Division of Highway
Traffic Safety in the Department of Law and Public Safety. The guidelines shall
be aimed at ensuring safety to both pedestrians and motorists including, but
not limited to, the proper method of sign installation, dimensions, composition
of material, proper placement points and maintenance.� A claim against the
State or a municipality or county for damage or injury under this subsection
for a wrongful act or omission shall be dismissed if the municipality or county
is deemed to have conformed to the guidelines required hereunder.

���� e.���� A municipality or
county may, 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, by ordinance, resolution, or regulation in any street
under its jurisdiction, designate stops, stations, or stands for omnibuses.�
The designation shall be subject to guidelines issued by the commissioner.� The
guidelines shall be aimed at ensuring safety to both pedestrians and motorists
including, but not limited to, the proper method of sign installation,
dimensions, composition of material, proper placement points, and maintenance.�
A claim against the State or a municipality or county for damage or injury
under this subsection for a wrongful act or omission shall be dismissed if the
municipality or county is deemed to have conformed to the guidelines required
hereunder.

(cf: P.L.2008, c.110, s.1)

���� 2.��� R.S.39:4-138 is amended
to read as follows:

���� 39:4-138.� Except when
necessary to avoid conflict with other traffic or in compliance with the
directions of a traffic or police officer or traffic sign or signal, no
operator of a vehicle shall stand or park the vehicle in any of the following
places:

���� a.���� Within an intersection;

���� b.��� On a crosswalk;

���� c.���� Between a safety zone
and the adjacent curb or within at least 20 feet of a point on the curb
immediately opposite the end of a safety zone;�

���� d.��� In front of a public or
private driveway;

���� e.� (1)� Within 25 feet of the
nearest crosswalk or side line of a street or intersecting highway, except at
alleys and as provided in section 2 of P.L.2009, c.257 (C.39:4-138.6); or

���� (2)�� Within 10 feet of the
nearest crosswalk or side line of a street or intersecting highway, if a curb
extension or bulbout has been constructed at that crosswalk;

���� f.���� On a sidewalk;

���� g.��� In any appropriately
marked "No Parking" space established pursuant to the duly
promulgated regulations of the Commissioner of Transportation;

���� h.��� Within 50 feet of a
"stop" sign except as provided in section 2 of P.L.2009, c.257
(C.39:4-138.6);

���� i.���� Within 10 feet of a
fire hydrant;

���� j.���� Within 50 feet of the
nearest rail of a railroad crossing;

���� k.��� Within 20 feet of the
driveway entrance to any fire station and on the side of a street opposite the
entrance to any fire station within 75 feet of said entrance, when properly
signposted;

���� l.���� Alongside or opposite
any street excavation or obstruction when stopping, standing, or parking would
obstruct traffic when properly signposted;

���� m.�� On the roadway side of
any vehicle stopped or parked at the edge or curb of a street;

���� n.��� Upon any bridge or other
elevated structure upon a highway, or within a highway tunnel or underpass, or
on the immediate approaches thereto except where space for parking is provided;

���� o.��� In any space on public
or private property appropriately marked for vehicles for persons with
disabilities pursuant to P.L.1977, c.202 (C.39:4-197.5), P.L.1975, c.217
(C.52:27D-119 et seq.), or any other applicable law unless the vehicle is
authorized by law to be parked therein and a person with a disability is either
the driver or a passenger in that vehicle. State, county, or municipal law
enforcement officers or parking enforcement authority officers shall enforce
the parking restrictions on spaces appropriately marked for vehicles for
persons with disabilities on both public and private property;

���� p.��� In any electric vehicle
charging space if the vehicle is a non-electric vehicle or is a plug-in
electric vehicle, including a battery electric vehicle or plug-in hybrid
electric vehicle, that is not actively charging and where the space is clearly
marked� with signage and pavement markings indicating the space is reserved for
plug-in electric vehicles that are actively charging, which signage and
pavement markings shall be visible during the day and night.�

���� An individual who violates the
provisions of this subsection shall be subject to a fine of $55 for the first
offense, $100 for the second offense, and $200 for the third and each
subsequent offense.� Towing of vehicles found to be in violation of this subsection
shall be at the discretion of the municipality in which the electric vehicle
charging space is located.� In the event that a municipality exercises its
discretion to tow a vehicle pursuant to this subsection, the registered owner
or lessee of the vehicle shall be responsible for all towing and storage costs.

����
q.��� In any space
appropriately marked for volunteer firefighters� vehicles pursuant to section 4
of P.L.��� , c.� ��(C. �������) (pending before the Legislature as this bill)
unless the vehicle is authorized by law to be parked therein.� State, county,
or municipal law enforcement officers or parking enforcement authority officers
shall enforce the parking restrictions on spaces appropriately marked for
volunteer firefighters� vehicles.

���� No person shall move a vehicle
not lawfully under the person's control into any such prohibited area or away
from a curb such distance as is unlawful.

(cf: P.L.2025, c.155, s.2)

���� 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% 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
restricted parking spaces for use by persons who have been issued a volunteer
firefighter permit pursuant to the provisions of section 4 of P.L.��� , c.� ��(C.�
������) (pending before the Legislature as this bill).� Any person parking a
motor vehicle in a restricted volunteer firefighter parking space without a
volunteer firefighter permit shall be liable to a fine of $100 for the first
offense and a fine of $250 for subsequent offenses
.

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

���� 4.��� (New section)� a.� Any
municipality which has a duly organized volunteer fire company may, by
ordinance, resolution, or regulation, establish a restricted volunteer
firefighter parking space in front of a residence occupied by a volunteer
firefighter if a permit has been issued for a vehicle owned or leased and
operated by the volunteer firefighter pursuant to subsection b. of this
section, provided such parking is not otherwise prohibited and the permitting
thereof would not interfere with the normal flow of traffic.

���� b.��� Any municipality
enacting an ordinance, resolution, or regulation, pursuant to this section
shall provide for the issuance of permits to volunteer firefighters which
identify a specific motor vehicle and the location wherein it may be parked.�
Such permits shall only be issued to persons who can provide proof to the
satisfaction of the governing body that they own or lease and operate the motor
vehicle and that they reside at the location specified thereon.� The permit
shall be 5 1/2 inches by 8 1/2 inches in size, shall bear an appropriate
certification of authenticity, and shall be displayed prominently within the
vehicle when it is parked so as to be seen from the middle of the street.� Only
a motor vehicle for which a valid permit has been issued and which has the
permit properly displayed shall be parked in the restricted volunteer
firefighter parking space indicated on the permit.�

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

STATEMENT

���� This bill would permit a
municipality that has a volunteer fire department to adopt an ordinance,
resolution, or regulation permitting the establishment of restricted parking
spaces in front of volunteer firefighters� homes. The designation of restricted
volunteer firefighter parking spaces would only be permitted if it would not
interfere with the normal flow of traffic.

���� A municipality that designates
such parking spaces would issue permits to volunteer firefighters.� The permits
would identify the specific motor vehicle and the location where the vehicle
may be parked.� The permit would need to be displayed prominently within the
vehicle when it is parked so as to be seen from the middle of the street.�