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A4398
ASSEMBLY, No. 4398
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblyman� JAY WEBBER
District 26 (Morris and Passaic)
SYNOPSIS
���� Requires certain local and State government entities
to issue certain emergency and warning light permits.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning emergency and amber warning lights and
amending various provisions of statutory law, supplementing Title 39 of the
Revised Statutes 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 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 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 personally owned or leased 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 owned or leased by
him 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)���� A
n organization engaged in the manufacture
or sale of emergency vehicles or equipment and operated by an employee thereof
only for the purpose of demonstration or delivery may be granted a permit to
mount and operate on such an emergency vehicle or equipment manufactured or
sold by the organization and operated by the employee thereof only for the
purpose of demonstration or delivery 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 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 5 of P.L.1985,
c.171 (C.39:3-54.19) is amended to read as follows
���� 5.��� 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.��� Section 1 of P.L.1991,
c.4 (C.39:3-54.21) is amended to read as follows:
���� 1.��� a.�� Any employee of the
United States Postal Service who, as part of his assigned duties as a rural
route letter carrier, is required to use a motor vehicle owned or leased by him
or a member of his family in the performance of his duties may display on that
motor vehicle an amber warning light.�
����
The permit for the amber
warning light shall be issued by a municipality wherein that service is
provided, in a manner and form prescribed by the Chief Administrator of the New
Jersey Motor Vehicle Commission.
���� The amber warning light may be
operated only while the motor vehicle is being used by the United States Postal
Service employee in the performance of his duties as a rural letter carrier.
���� The amber warning lights
authorized under the provisions of this act shall be temporarily attached,
removable lights of the flashing or revolving type, not more than 7 1/2 inches
in diameter, not more than 51 candlepower, and shall be controlled by a switch
installed inside the vehicle.�
���� While in operation, the amber
warning light shall be conspicuously displayed on the roof of the motor
vehicle.�
���� 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 and all such persons shall drive with due
regard for the safety of all persons and shall obey the traffic laws of this
State.�
���� b.��� The
[
Director of
the Division of Motor Vehicles
]
the Chief Administrator of the Motor Vehicle Commission
, in accordance
with the provisions of the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to
effectuate the purposes of this act.�
(cf: P.L.1991, c.4, s.1)
���� 5.��� (New section)�� a.�� An
owner or lessee of a motor vehicle operated for the following commercial
purposes may apply for and be issued a permit authorizing the display on that
motor vehicle of a flashing amber warning light:
���� 1)�� tow trucks bearing
commercial registration;
���� 2)�� service vehicles bearing
commercial registration;
���� 3)�� snow-removal vehicles and
sanding vehicle bearing commercial registration; and
���� 4)�� security service vehicles
bearing commercial registration.
���� b.��� The permit shall be
issued by a municipality wherein those services are provided in a manner and
form prescribed by the Chief Administrator of the New Jersey Motor Vehicle
Commission.
���� c.���� The permit for the
amber warning light shall be in the possession of the operator of the motor
vehicle while the light is displayed on the motor vehicle.
���� d.��� The municipality that
issues the permit shall collect a $25 fee for the initial issuance and for each
subsequent renewal of the permit for each vehicle for which the applicant seeks
authorization to use an amber warning light.
���� e.���� The amber warning
lights mounted pursuant to this section may be operated for the protection of
the public and the operator of the motor vehicle only while the motor vehicle
is being used for official purposes, as determined by the chief administrator.
���� f.���� The amber warning
lights authorized under the provisions of this act shall be temporarily
attached, removable lights of the flashing or revolving type, not more than 7
1/2 inches in diameter, and shall be controlled by a switch installed inside
the vehicle. While in operation, the amber warning light shall be conspicuously
displayed on the roof of the motor vehicle.
���� g.��� 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 and all such persons shall drive with due
regard for the safety of all persons and shall obey the traffic laws of this
State.
���� 6.��� (New section)�� a.�� An
authorized employee of a contractor or subcontractor of the New Jersey
Department of Transportation, the New Jersey Turnpike Authority, or the South
Jersey Transportation Authority, who, as part of the official duties of the
employee, is required to use a motor vehicle owned or leased by him or a member
of his family in the performance of his duties may apply for and be issued a
permit by the chief administrator authorizing the display on that motor vehicle
of an amber warning light.
���� b.��� The permit for the amber
warning light shall be in the possession of the employee while the light is
displayed on the motor vehicle.
���� c.���� The amber warning light
may be operated for the protection of the public and the employee only while
the motor vehicle is being used for official purposes, as determined by the
Chief Administrator of the New Jersey Motor Vehicle Commission.
���� d.��� The amber warning lights
authorized under the provisions of this act shall be temporarily attached,
removable lights of the flashing or revolving type, not more than 7 1/2 inches
in diameter, and shall be controlled by a switch installed inside the vehicle.
While in operation, the amber warning light shall be conspicuously displayed on
the roof of the motor vehicle.
���� e.���� 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 and all such persons shall drive with due
regard for the safety of all persons and shall obey the traffic laws of this
State.
���� 7.��� 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).
���� 8.��� 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.
STATEMENT
This bill provides
that permits to mount and operate blue and red emergency warning lights on
motor vehicles are to be issued by certain local or State entities.
Under current law,
the Motor Vehicle Commission issues permits to mount and operate blue and red
emergency warning lights, and amber warning lights on motor vehicles.� Pursuant
to statute and regulation, persons who are qualified to apply for the use of blue
emergency warning lights include:
�
members of volunteer fire companies or volunteer first aid or
rescue squads; and
�
members of county or municipal volunteer offices of emergency
management whose official duties include responding to a fire or emergency
call.�
���� Persons who are qualified to
apply for the use of red emergency warning lights include:
�
current municipal chiefs, or first assistant chiefs of police;
�
current chiefs or first assistant chiefs of volunteer fire
companies;
�
chief officers of first aid or rescue squads;
�
county and municipal
emergency management coordinators or deputy emergency management coordinators;
�
county medical
examiners and certain medical examiners� office staff;�
�
search and rescue
teams recognized by county offices of emergency management or the State Office
of Emergency Management; and
�
employees of organizations
engaged in the manufacture or sale of emergency vehicles or
equipment, who operate such vehicles or equipment only for the purpose of
demonstration or delivery.�
���� Persons
who are qualified to apply for the use of amber
warning lights include:
�
owners or lessees of the follow commercial vehicles:
o
tow trucks bearing commercial registration;����������
o
service vehicles bearing commercial registration;
o
snow-removal vehicles and sanding vehicles bearing commercial
registration; and
o
security service vehicles bearing commercial registration;
�
authorized employees of a public utility company;
�
rural letter carriers employed by the United States Postal
Service; and
�
authorized employees of a contractor or subcontractor of the New
Jersey Department of Transportation, the New Jersey Turnpike Authority, or the
South Jersey Transportation.����������
���� This bill, in accordance with
a recommendation made in the report issued by the Red Tape Review Commission on
February 12, 2012, amends current law to provide that certain red and blue
emergency light permit applications that require local or State agency
oversight, and the amber warning light permit application that requires
municipal oversight, before being issued by the Motor Vehicle Commission (MVC),
will now be issued by the local or State authority, removing the duplicative
process of additional oversight by the MVC.� The bill also provides that the
$25 fee collected by the MVC for issuance of amber light permits to commercial
entities will be collected by the municipalities which issue the permits.
���� This bill also removes the
sections of law which require the MVC to prepare and issue identification cards
for certain persons authorized to mount and operate blue and red emergency
warning lights.�