Sponsored by:
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Co-Sponsored by:
Assemblymen S.Kean, Johnson and Caputo
SYNOPSIS
Requires sanitation vehicles display flashing lights in certain circumstances and imposes conditions on drivers approaching sanitation vehicles displaying flashing lights; designated as “Michael Massey’s Law.”
CURRENT VERSION OF TEXT
As introduced.
An Act concerning sanitation vehicles, designated as “Michael Massey’s Law,” and amending P.L.2011, c.3 and P.L.2009, c.5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2011, c.3 (C.39:3-54.27) is amended to read as follows:
1. a. Sanitation vehicles operated by a local public entity, or by a licensed solid waste collection company pursuant to a State or local permit, license, contract, or franchise with a local public entity, and used to collect and transport garbage, solid wastes, and refuse [may] shall display flashing amber warning lights of a type approved by the chief administrator while stopped upon a street and while engaged in the collection of garbage, solid wastes, and refuse or while moving between stops at a speed not greater than 10 miles per hour.
b. Nothing herein shall be construed to grant any person displaying flashing amber warning lights 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, including the requirements established pursuant to subsection b. of section 1 of P.L.2009, c.5 (C.39:4-92.2).
c. The chief administrator shall promulgate guidelines to effectuate the purposes of this act.
(cf: P.L.2011, c.3, s.1)
2. Section 1 of P.L.2009, c.5 (C.39:4-92.2) is amended to read as follows:
1. a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle as defined in R.S.39:1-1 that is displaying a flashing, blinking or alternating red or blue light or, any configuration of lights containing one of these colors, shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or
(2) If a lane change pursuant to paragraph (1) of subsection a. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
b. The operator of a motor vehicle approaching a stationary tow truck as defined in section 1 of P.L.1999, c.396 (C.39:3-84.6) that is displaying a flashing amber light [or] , a stationary highway maintenance or emergency service vehicle that is operated by the State, an authority or a county or municipality and displaying flashing yellow, amber, or red lights, or a stationary sanitation vehicle displaying a flashing amber warning light pursuant to section 1 of P.L.2011, c.3 (C.39:3-54.27) shall approach the vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the tow truck [or], highway maintenance or emergency service vehicle, or sanitation vehicle if possible in the existing safety and traffic conditions; or
(2) If a lane change under paragraph (1) of subsection b. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
c. A violation of this section shall be punished by a fine of not less than $100 and not more than $500.
(cf: P.L.2009, c.5, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill, designated as “Michael Massey’s Law,” requires sanitation vehicles to display flashing amber warning lights and requires motorists approaching stationary sanitation vehicles with flashing lights to change lanes, if possible, or reduce speed.
This bill requires sanitation vehicles to display flashing amber warning lights while stopped upon a street and while engaged in the collection of garbage, solid wastes, and refuse or while moving between stops at a speed not greater than 10 miles per hour. Current law authorizes sanitation vehicles to use flashing lights but does not require this safety provision.
Under section 1 of P.L.2009, c.5 (C.39:4-92.2), commonly known as the “move over law,” motor vehicle operators are required to reduce the speed of their vehicles and change lanes when approaching an authorized emergency vehicle, tow truck, or highway maintenance or emergency service vehicle that is displaying certain flashing, blinking, or alternating emergency lights. A violation of this law is punishable by a fine of $100 to $500. This bill expands the move-over requirement to include sanitation vehicles displaying flashing amber warning lights.
Specifically, the bill requires a motor vehicle operator to approach a stationary sanitation vehicle with due caution and, absent any other direction by a law enforcement officer, make a lane change into a lane not adjacent to the sanitation vehicle. If a lane change would be impossible, prohibited by law, or unsafe, the operator is required to decelerate and be prepared to stop.
The bill’s title is in honor of Michael Massey, a resident of Freehold Township and a public works employee with Ocean Township, who was killed in a motor vehicle crash while working, on May 30, 2013.