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happyslug

(14,779 posts)
7. More on New Jersey Bicycle law:
Mon Jan 13, 2014, 12:48 AM
Jan 2014

http://www.state.nj.us/transportation/commuter/bike/regulations.shtm

At least New Jersey has published its own laws on the Web, My home state of Pennsylvania refers people to West Publishing Company (and then limits how often you can use it).

Title 39 is the "regulations" (I know it should be "Law" or "Statutes" but for some reason New Jersey calls its Motor Vehicle Code "MOTOR VEHICLES AND TRAFFIC REGULATION".

Title 39, Article 3, Chapter 4 covers bicycles in New Jersey (also cited as 39-4-10:

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=138881&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={E83C}&softpage=Doc_Frame_PG42

Title 39:3-61.1 states the restrictions on lights on MOTOR VEHICLES

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=138881&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={E83C}&softpage=Doc_Frame_PG42

Any light is permitted if it is below 72 inches and above 15 inches from the ground.

Motocycle light helmets are set in 39:3-76.7:

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=138881&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={E83C}&softpage=Doc_Frame_PG42

9:4-10. Lights and reflectors on bicycles
Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front, and with a lamp on the rear which shall emit a red light visible from a distance of at least five hundred feet to the rear. In addition to the red lamp, a red reflector may be mounted on the rear, of a type approved by the division which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.

Amended by L.1951, c. 23, p. 70, s. 11.

39:4-10.1 Bicycle helmets, requirements.


1. a. A person under 17 years of age shall not operate, or ride upon a bicycle as a passenger, unless that person is wearing a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard) or the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling. This requirement shall apply to a person who rides upon a bicycle while in a restraining seat which is attached to the bicycle or in a trailer towed by the bicycle.

As used in this act, "bicycle" means a vehicle with two wheels propelled solely by human power and having pedals, handle bars and a saddle-like seat. The term shall include a bicycle for two or more persons having seats and corresponding sets of pedals arranged in tandem.

b.The director shall publish a list of bicycle helmets which meet the standards described in subsection a. of this section and shall provide for its distribution in as many locations frequented by the public as the director deems appropriate and practicable.

c.The requirement in subsection a. of this section shall apply at all times while a bicycle is being operated on any property open to the public or used by the public for pedestrian and vehicular purposes; however, a municipality may by ordinance exempt from this requirement a person operating or riding on a bicycle as a passenger when the bicycle is operated:

(1)on a road or highway closed to motor vehicle traffic and limited to pedestrian or bicycle use at all times or only during specified periods of time during which bicycles may be operated; or

(2)exclusively on a trail, route, course, boardwalk, path or other area which is set aside for the use of bicycles or for the use of pedestrians and bicycle operation is not otherwise prohibited. However, an exemption may not be granted under this paragraph for any portion of a trail, route, course, boardwalk, path or other area which is immediately adjacent to a road or highway used by motor vehicle traffic and which does not contain a barrier of sufficient height and rigidity to prevent the inadvertent or deliberate entry of a bicycle operator onto the road or highway.

d.An ordinance enacted pursuant to subsection c. of this section shall specify those roads, highways, trails, routes, courses, boardwalks, paths or areas within the municipality where helmets are not required during the operation of a bicycle.

e.When a bicycle is being operated in an area where bicycle helmets are not required, the operator or a passenger, except a passenger in a restraining seat or trailer, shall dismount from the bicycle and walk whenever it is necessary to enter a crosswalk or to cross a road or highway upon which motor vehicle traffic is permitted.

L.1991,c.465,s.1; amended 1997, c.411, s.10; 2005, c.208, s.1.

39:4-10.2 Violations, warnings, fines; "Bicycle and Skating Safety Fund."

2. a. A person who violates a requirement of this act shall be warned of the violation by the enforcing official. The parent or legal guardian of that person also may be fined a maximum of $25 for the person's first offense and a maximum of $100 for a subsequent offense if it can be shown that the parent or guardian failed to exercise reasonable supervision or control over the person's conduct. Penalties provided in this section for a failure to wear a helmet may be waived if an offender or his parent or legal guardian presents suitable proof that an approved helmet was owned at the time of the violation or has been purchased since the violation occurred.

b.All money collected as fines under subsection a. of this section and subsection a. of section 2 of P.L.1997, c.411 (C.39:4-10.6) shall be deposited in a nonlapsing revolving fund to be known as the "Bicycle and Skating Safety Fund." Interest earned on money deposited in the fund shall accrue to the fund. Money in the fund shall be utilized by the director to provide educational programs devoted to bicycle, roller skating and skateboarding safety. If the director determines that sufficient money is available in the fund, he also may use, in a manner prescribed by rule and regulation, the money to assist low income families in purchasing approved bicycle helmets. For the purposes of this subsection, "low income family" means a family which qualifies for low income housing under the standards promulgated by the Council on Affordable Housing pursuant to the provisions of P.L.1985, c.222 (C.52:27D-301 et seq.).

L.1991,c.465,s.2; amended 1997, c.411, s.11.

39:4-10.3 Posting of sign required; violations, penalties; renters required to provide helmet; immunity.

3. a. A person regularly engaged in the business of selling or renting bicycles shall post a sign at the point where the sale or rental transaction is completed stating: "STATE LAW REQUIRES A BICYCLE RIDER UNDER 17 YEARS OF AGE TO WEAR A HELMET." The size of the sign shall be at a minimum 15 inches in length and 8 inches in width. This notification requirement shall not apply to a seller when a bicycle is sold through the use of a catalog or brochure and the purchase and payment are made by mail, telephone or another telecommunications or electronic method.

A person who fails to post a sign required by this subsection within 60 days after the effective date of this amendatory act (P.L.1995, c.177) shall be subject to a penalty not to exceed $25 a day for each day the business is open to the public and the sign is not posted. The enforcement of this subsection shall be vested in the Director of the Division of Consumer Affairs of the Department of Law and Public Safety, the inspectors appointed under his authority, and the police or peace officers of, or inspectors duly appointed for this purpose, by any municipality or county or by the State. Jurisdiction of proceedings to collect the penalties prescribed by this act is vested in the Superior Court and the municipal court in any municipality where the defendant may be apprehended or where he may reside. Process shall be either a summons or warrant and shall be executed in a summary manner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

b.A person regularly engaged in the business of renting bicycles shall provide a helmet to a person under 17 years of age who will operate the bicycle in an area where a helmet is required, if the person does not already have a helmet in his possession. A fee may be charged for the helmet rental.

c.A person regularly engaged in the business of selling or renting bicycles who complies with the applicable requirements of this section shall not be liable in a civil action for damages for any physical injury sustained by a bicycle operator or passenger who is under the age of 17 years as a result of the operator's or passenger's failure to wear a helmet or to wear a properly fitted or fastened helmet in violation of the requirements of this act.

d.Within 60 days after the effective date of this amendatory act (P.L.1995, c.177), the Division of Consumer Affairs in the Department of Law and Public Safety shall make a reasonable effort to notify any person who is regularly engaged in the business of selling or renting bicycles of the requirements of this section. The responsibility of a person under this section shall not be abrogated or diminished in any manner if the person fails to receive or become aware of a notice from the division.

L.1991,c.465,s.3; amended 1995, c.177; 2005, c.208, s.2.

39:4-10.4. Rules, regulations


4. The director, 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 which may be necessary to effectuate the purposes of this act.

L.1991,c.465,s.4.

The Statutes then includes laws in regards to Skateboards and other non motorized users of highways, but remember 39:4-14.3t


§ 39:4-14.3t. Violations; fine


Except as otherwise provided by this act, a person who violates any of the provisions of this act or any rule or regulation promulgated pursuant to this act shall be subject to a fine of not more than $ 100.00 for each offense.

Reading the New Jersey Statutes on Bicycle, almost make the Pennsylvanian Laws look good (and given how bad PA's law is, gives you an idea of how badly the New Jersey law is written).

New Jersey mixes in Skateboards and Motorized bicycles with the law on bicycles, something Pennsylvania does NOT do, but both require any bicycle with any engine attached to it, be registered with the state as a licensed motor vehicle:

39:1-1 is the list of Definitions for the Statutes:

"Motorized bicycle" means a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc. or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface.

The term next shows up in § 39:4-14.3.:
Illegal to attach to bicycle helmet? [View all] Shankapotomus Jan 2014 OP
I think it's because any protrusion could impact your protection. It could grab or snag if you fall. NYC_SKP Jan 2014 #1
I temporarily posted a video of my set up Shankapotomus Jan 2014 #2
Very cool! I don't think they protrude too much. NYC_SKP Jan 2014 #3
Thanks for your feedback! Shankapotomus Jan 2014 #4
This depends on what state law applies happyslug Jan 2014 #5
I feel like I should have done my homework Shankapotomus Jan 2014 #6
More on New Jersey Bicycle law: happyslug Jan 2014 #7
whoa! Shankapotomus Jan 2014 #8
Please note, that is for MOTOR Vehicles, but it gives you an idea of what is wanted. happyslug Jan 2014 #10
Yea, a headlight is a given Shankapotomus Jan 2014 #13
I don't know about the law but.. hibbing Jan 2014 #9
Thanks, hibing Shankapotomus Jan 2014 #11
Here we go -- Shankapotomus Jan 2014 #12
Take me to your leader hibbing Jan 2014 #14
Latest Discussions»Retired Forums»Bicycling»Illegal to attach to bicy...»Reply #7