A1191

Sponsored by:

Assemblywoman PATRICIA EGAN JONES

District 5 (Camden and Gloucester)

Assemblywoman VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman CLEOPATRA G. TUCKER

District 28 (Essex)

Assemblywoman ANGELA V. MCKNIGHT

District 31 (Hudson)

Assemblyman ADAM J. TALIAFERRO

District 3 (Cumberland, Gloucester and Salem)

Co-Sponsored by:

Assemblywoman Chaparro

SYNOPSIS

Requires certain medical transportation vehicles to be equipped with stop signal arms and requires drivers to stop for vehicles under certain circumstances.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning certain medical transportation vehicles and supplementing Title 39 of the Revised Statutes.

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

1. As used in this act:

“Mobility assistance vehicle” means a specialized transport vehicle that is licensed by the Department of Health to provide non-emergency health care transportation of sick, infirm, or otherwise disabled persons who are under the care or supervision of a physician or other recognized health care provider and whose medical condition is not of sufficient magnitude or gravity to require transportation in a basic life support ambulance, but does require transportation from place to place for medical care, and whose utilization of an alternate form of transportation, such as a taxicab, bus, or other public conveyance or private vehicle, might create a serious risk to life and health.

“Nursing home, assisted living facility, or day health care facility vehicle” means a vehicle that is owned or leased by a “boarding or nursing home” as defined by section 2 of P.L.1977, c.238 (C.26:2H-37), an “assisted living facility” as defined by section 1 of P.L.2009, c.61 (C.26:2H-12.56), an adult day health care facility or pediatric day health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), or any facility or other entity licensed or approved by the Department of Human Services or the Department of Health to render services to New Jersey residents, and which is used to transport eight or more but fewer than 16 persons, including the driver, to and from recreational and social activities, shopping, and other health care providers, provided that no charge is assessed each time a patient, resident, or client utilizes the transportation service.

“Paratransit service” means and includes any service, other than motorbus regular route service and charter services, including, but not limited to, dial-a-ride, nonregular route, jitney or community minibus, and shared-ride services such as vanpools, limousines or taxicabs which are regularly available to the public. Paratransit shall not include limousine or taxicab service reserved for the private and exclusive use of individual passengers.

“Special paratransit vehicle” means any motor vehicle which is used exclusively for the transportation of persons who are at least 60 years of age or who have disabilities or who are the clients of social service agencies, provided that the motor vehicle is used in a service provided by a county either directly or by contract, or provided by a nonprofit organization, and the service is included by a county as part of its county plan required by section 6 of P.L.1983, c.578 (C.27:25-30), regardless of whether a fare is charged or donations are accepted.

2. a. Every mobility assistance vehicle; nursing home, assisted living facility, or day health care facility vehicle; special paratransit vehicle; and vehicle providing paratransit services operating in this State shall be equipped with:

(1) signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be five to seven inches in diameter and shall display two alternately flashing red lights visible at 500 feet to the front and rear in normal sunlight upon a straight level highway; and

(2) a stop signal arm that can be extended horizontally from the left side of the vehicle.

b. The chief administrator shall promulgate rules and regulations governing the form and design of the signal lamps and stop signal arm.

3. a. The driver of a mobility assistance vehicle; nursing home, assisted living facility, or day health care facility vehicle; special paratransit vehicle; or vehicle providing paratransit services stopped on the highway for the purpose of receiving or discharging passengers shall display the red flashing lights and extend the stop signal arm required by section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

The driver shall not display the red flashing lights or extend the stop signal arm when the vehicle is in motion or when the vehicle is stopped for a purpose other than receiving or discharging passengers.

b. The driver of a vehicle approaching or overtaking from either direction a mobility assistance vehicle; nursing home, assisted living facility, or day health care facility vehicle; special paratransit vehicle; or vehicle providing paratransit services stopped on the highway shall stop before reaching the vehicle when the flashing red lights and stop signal arm are in use. After stopping, a driver may proceed past the vehicle at a reasonable and prudent speed, not exceeding 15 miles per hour, and shall yield the right of way to any pedestrian who crosses the roadway to or from the vehicle.

c. The driver of a vehicle on a highway that has dual or multiple roadways separated by safety islands or physical traffic separation installations is not required to stop upon meeting or passing a mobility assistance vehicle; nursing home, assisted living facility, or day health care facility vehicle; special paratransit vehicle; or vehicle providing paratransit services on another roadway.

d. A person who violates the provisions of this section shall be subject to a fine of not more than $100 for each offense.

4. This act shall take effect on the first day of the thirteenth month after enactment.

STATEMENT

This bill requires certain medical transportation vehicles to be equipped with a stop signal arm and requires drivers to stop for these vehicles under certain circumstances.

Specifically, under the provisions of this bill, every mobility assistance vehicle; nursing home, assisted living facility, or day health care facility vehicle; special paratransit vehicle; and vehicle providing paratransit services in this State is required to be equipped with red flashing lights and a stop signal arm. The driver of the vehicle is required to activate the flashing lights and extend the stop signal arm when receiving or discharging passengers.

When the red flashing lights are activated and the stop signal arm is extended, drivers approaching or overtaking the vehicle are required to stop. After stopping, the driver may proceed past the vehicle at a reasonable speed, not to exceed 15 miles per hour; however, the driver is required to yield the right of way to any pedestrian who is crossing the street to or from the vehicle.

A person who violates these provisions is subject to a fine of not more than $100 for each offense.