A960

An Act concerning pedestrian safety and traffic control and amending various parts of the statutory law.

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

1. R.S.39:4-32 is amended to read as follows:

39:4-32. On highways where traffic is controlled by a traffic control signal or by traffic or police officers:

a. Pedestrians shall not cross a roadway against the "stop" or red signal at a crosswalk, whether marked or unmarked, unless otherwise specifically directed to go by a traffic or police officer, or official traffic control device.

b. No driver of a vehicle shall fail to stop and remain stopped for a pedestrian crossing a roadway at a crosswalk when the pedestrian is upon, or within one lane of, the half of the roadway upon which the vehicle is traveling or onto which it is turning during the "go" or green signal. As used in this subsection, "half of the roadway" means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway.

c. A pedestrian crossing or starting across the intersection on a "go" or green signal, but who is still within the crosswalk when the signal changes, shall have the right of way until the pedestrian has reached the opposite curb or place of safety.

d. No pedestrian shall leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield or stop.

e. Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

f. Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

g. Nothing contained herein shall relieve a driver from the duty to exercise due care for the safety of any pedestrian upon a roadway. Nothing herein shall relieve a pedestrian from using due care for his safety.

h. In the event of a collision between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there shall be a permissive inference that the driver did not exercise due care for the safety of the pedestrian.

i. (1) A person violating this section shall, upon conviction therof, pay a fine to be imposed by the court in the amount of $250. The court may also impose upon a person violating any subsection of this section, a penalty of community service not to exceed 15 days in such form and on such terms as the court shall deem appropriate. If the violation results in serious bodily injury to a pedestrian, the person convicted of the violation shall be subject to an additional fine of not less than $100 or more than $500, and may additionally be subject to a sentence of imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both, at the discretion of the court. As used in this section, "serious bodily injury" means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.

(2) Of each fine imposed and collected pursuant to this subsection, $150 shall be forwarded to the State Treasurer who shall annually deposit the moneys into the "Pedestrian Safety Enforcement and Education Fund" created by section 1 of P.L.2005, c.86 (C.39:4-36.2). Of the $150 forwarded to the State Treasurer pursuant to this subsection, $50 shall be dedicated to initiatives on high priority roadways. For the purposes of this paragraph, “high priority roadway” means a highway as defined in R.S.39:1-1 on which more than four pedestrian fatalities have occurred in the previous calendar year or more than eight pedestrian fatalities have occurred in the prior three calendar years.

(cf: P.L.2009, c.319, s.1)

2. R.S.39:4-36 is amended to read as follows:

39:4-36. a. The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise regulated by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided:

(1) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk, when the pedestrian is upon, or within one lane of, the half of the roadway, upon which the vehicle is traveling or onto which it is turning. As used in this paragraph, "half of the roadway" means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway.

(2) No pedestrian shall leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield or stop.

(3) Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(4) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(5) Nothing contained herein shall relieve a driver from the duty to exercise due care for the safety of any pedestrian upon a roadway. Nothing contained herein shall relieve a pedestrian from using due care for his safety.

b. A person violating any paragraph of subsection a. of this section shall, upon conviction thereof, pay a fine to be imposed by the court in the amount of [$200] $250. The court may also impose upon a person violating any paragraph of subsection a. of this section, a penalty of community service not to exceed 15 days in such form and on such terms as the court shall deem appropriate. If the violation results in serious bodily injury to a pedestrian, the person convicted of the violation shall be subject to [a] an additional fine of not less than $100 or more than $500, and may additionally be subject to a sentence of imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both, [in] at the discretion of the court. As used in this section, "serious bodily injury" means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.

c. Of each fine imposed and collected pursuant to subsection b. of this section, [$100] $150 shall be forwarded to the State Treasurer who shall annually deposit the moneys into the "Pedestrian Safety Enforcement and Education Fund" created by section 1 of P.L.2005, c.86 (C.39:4-36.2). Of the $150 forwarded to the State Treasurer pursuant to this subsection, $50 shall be dedicated to initiatives on high priority roadways. For the purposes of this subsection, “high priority roadway” means a highway as defined in R.S.39:1-1 on which more than four pedestrian fatalities have occurred in the previous calendar year or more than eight pedestrian fatalities have occurred in the prior three calendar years.

d. In the event of a collision between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there shall be a permissive inference that the driver did not exercise due care for the safety of the pedestrian.

(cf: P.L.2009, c.319, s.2)

3. Section 1 of P.L.2005, c.86 (C.39:4-36.2) is amended to read as follows:

1. There is created in the Division of Highway [and] Traffic Safety in the Department of Law and Public Safety a nonlapsing revolving fund to be known as the "Pedestrian Safety Enforcement and Education Fund." This fund shall be a repository for moneys provided pursuant to paragraph (2) of subsection i. of R.S.39:4-32, subsection c. of R.S.39:4-36, subsection c. of R.S.39:4-115, and paragraph (2) of subsection d. of R.S.39:4-144 and shall be administered by the Division of Highway [and] Traffic Safety. Moneys deposited in the fund, and any interest earned thereon, shall be used for the purpose of making grants to municipalities and counties with pedestrian safety problems. Priority in awarding grants shall be given to municipalities and counties requesting funds in order to take remedial steps for intersections that have been identified as demonstrating pedestrian safety problems in accordance with P.L.2005, c.158 (C. 39:4-36.3 et al.) except that $50 of each fine forwarded to the fund shall be dedicated to initiatives on high priority roadways pursuant to the provisions of paragraph (2) of subsection i. of R.S.39:4-32, subsection c. of R.S.39:4-36, subsection c. of R.S.39:4-115, and paragraph (2) of subsection d. of R.S.39:4-144. For the purposes of this section, “high priority roadway” means a highway as defined in R.S.39:1-1 on which more than four pedestrian fatalities have occurred in the previous calendar year or more than eight pedestrian fatalities have occurred in the prior three calendar years.

(cf: P.L.2005, c.86, s.1)

4. R.S.39:4-115 is amended to read as follows:

39:4-115. a. The driver of a vehicle or the motorman of a streetcar: a. intending to turn to the right or left at an intersection where traffic is controlled by traffic control signals or by a traffic or police officer, shall proceed to make either turn with proper care to avoid accidents and, except as provided in b. below, only upon the "go" signal unless otherwise directed by a traffic or police officer, an official sign or special signal; or b. intending to turn right at an intersection where traffic is controlled by a traffic control signal shall, unless an official sign of the State, municipality, or county authority having jurisdiction over the intersection prohibits the same, proceed to make the turn upon a "stop" or "caution" signal with proper care to avoid accidents after coming to a full stop, observing traffic in all directions, yielding to other vehicular traffic traveling in a direction in which the turn will be made, and stopping and remaining stopped for pedestrians crossing the roadway within a marked crosswalk, or at an unmarked crosswalk, into which the driver is turning. Both the approach for and the turn shall be made as close as practicable to the right-hand curb or edge of the roadway, unless such intersection is otherwise posted.

b. A person violating subsection a. of this section shall, upon conviction therof, pay a fine to be imposed by the court in the amount of $250. The court may also impose upon a person violating any subsection of this section, a penalty of community service not to exceed 15 days in such form and on such terms as the court shall deem appropriate. If the violation results in serious bodily injury to a pedestrian, the person convicted of the violation shall be subject to an additional fine of not less than $100 or more than $500, and may additionally be subject to a sentence of imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both, at the discretion of the court. As used in this section, "serious bodily injury" means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.

c. Of each fine imposed and collected pursuant to subsection b. of this section, $150 shall be forwarded to the State Treasurer who shall annually deposit the moneys into the "Pedestrian Safety Enforcement and Education Fund" created by section 1 of P.L.2005, c.86 (C.39:4-36.2). Of the $150 forwarded to the State Treasurer pursuant to this subsection, $50 shall be dedicated to initiatives on high priority roadways. For the purposes of this subsection, “high priority roadway” means a highway as defined in R.S.39:1-1 on which more than four pedestrian fatalities have occurred in the previous calendar year or more than eight pedestrian fatalities have occurred in the prior three calendar years.

(cf: P.L.2009, c.319, s.3)

5. R.S.39:4-144 is amended to read as follows:

39:4-144. No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "stop" sign unless:

a. The driver has first brought the vehicle or street car to a complete stop at a point within five feet of the nearest crosswalk or stop line marked upon the pavement at the near side of the intersecting street and shall proceed only after yielding the right of way to all vehicular traffic on the intersecting street which is so close as to constitute an immediate hazard.

b. No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "yield right of way" sign without first slowing to a reasonable speed for existing conditions and visibility, stopping if necessary, and the driver shall yield the right of way to all vehicular traffic on the intersecting street which is so close as to constitute an immediate hazard; unless, in either case, the driver is otherwise directed to proceed by a traffic or police officer or traffic control signal.

c. No driver of a vehicle or street car shall turn right at an intersecting street marked with a "stop" sign or "yield right of way" sign unless the driver stops and remains stopped for pedestrians crossing the roadway within a marked crosswalk, or at an unmarked crosswalk, into which the driver is turning.

d. (1) A person violating this section shall, upon conviction therof, pay a fine to be imposed by the court in the amount of $250. The court may also impose upon a person violating any subsection of this section, a penalty of community service not to exceed 15 days in such form and on such terms as the court shall deem appropriate. If the violation results in serious bodily injury to a pedestrian, the person convicted of the violation shall be subject to an additional fine of not less than $100 or more than $500, and may additionally be subject to a sentence of imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both, at the discretion of the court. As used in this section, "serious bodily injury" means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.

(2) Of each fine imposed and collected pursuant to this subsection, $150 shall be forwarded to the State Treasurer who shall annually deposit the moneys into the "Pedestrian Safety Enforcement and Education Fund" created by section 1 of P.L.2005, c.86 (C.39:4-36.2). Of the $150 forwarded to the State Treasurer pursuant to this subsection, $50 shall be dedicated to initiatives on high priority roadways. For the purposes of this subsection, “high priority roadway” means a highway as defined in R.S.39:1-1 on which more than four pedestrian fatalities have occurred in the previous calendar year or more than eight pedestrian fatalities have occurred in the prior three calendar years.

(cf: P.L.2009, c.319, s.4)

6. This act shall take effect immediately.

STATEMENT

This bill increases to $250 the fine to be imposed on a person convicted of violating the provisions of: R.S.39:4-32, which establishes a driver’s responsibilities concerning pedestrians at intersections where traffic is controlled by a traffic control device or police officer; R.S.39:4-36, which establishes a driver’s responsibilities concerning pedestrians at intersections where traffic is not controlled by a traffic control device or police officer; R.S.39:4-115, which requires drivers making a right turn at a red or yellow traffic signal to stop and remain stopped for pedestrians crossing within the adjacent crosswalk into which the motorist is turning; and R.S.39:4-144, which requires drivers making a right turn at a stop or yield sign to stop and remain stopped for pedestrians crossing within the adjacent crosswalk into which the motorist is turning.

The bill specifies that $150 of the $250 fine is to be deposited into the “Pedestrian Safety Enforcement and Education Fund” and that $50 of the amount deposited in the fund is to be dedicated to initiatives on high priority roadways. A “high priority roadway” is defined to be a highway on which more than four pedestrian fatalities have occurred in the previous calendar year or more than eight pedestrian fatalities have occurred in the prior three calendar years.

The bill also provides that a court may impose community service in addition to the prescribed fine for violations of R.S.39:4-32, R.S.39:4-115, and R.S.39:4-144. Under current law, the court has this authority for violations of R.S.39:4-36. Under the bill, a person convicted of a violation of R.S.39:4-32, R.S.39:4-115, and R.S.39:4-144, that results in serious bodily injury to a pedestrian, is also subject to an additional fine of between $100 and $500, and may be subject to imprisonment for a period of up to 25 days, or a license suspension not to exceed six months, or both, at the discretion of the court. A person convicted of a violation of R.S.39:4-36 resulting in serious bodily injury to a pedestrian is subject to these penalties under current law.