A309

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) An 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 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 vehicle 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 require 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.