S4834

An Act concerning the requirements for operating motorized bicycles, amending various parts of the statutory law, and supplementing Title 39 of the Revised Statutes.

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

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

39:1-1. As used in this subtitle, unless other meaning is clearly apparent from the language or context, or unless inconsistent with the manifest intention of the Legislature:

"Alley" means a public highway wherein the roadway does not exceed 12 feet in width.

"Authorized emergency vehicles" means vehicles of the fire department, police vehicles and such ambulances and other vehicles as are approved by the chief administrator when operated in response to an emergency call.

"Autocycle" means a three-wheeled motorcycle designed to be controlled with a steering wheel and pedals in which the operator and passenger may ride in a completely or partially enclosed seating area that is equipped with a roll cage or roll hoops, safety seat belts for each occupant, and anti-lock brakes.

"Automobile" includes all motor vehicles except motorcycles.

"Berm" means that portion of the highway exclusive of roadway and shoulder, bordering the shoulder but not to be used for vehicular travel.

"Business district" means that portion of a highway and the territory contiguous thereto, where within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the roadway.

"Car pool" means two or more persons commuting on a daily basis to and from work by means of a vehicle with a seating capacity of nine passengers or less.

"Chief Administrator" or "Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.

"Commercial motor vehicle" includes every type of motor-driven vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise, excepting such vehicles as are run only upon rails or tracks and vehicles of the passenger car type used for touring purposes or the carrying of farm products and milk, as the case may be.

"Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L.2003, c.13 (C.39:2A-4).

"Commissioner" means the Commissioner of Transportation of this State.

"Commuter van" means a motor vehicle having a seating capacity of not less than seven nor more than 15 adult passengers, in which seven or more persons commute on a daily basis to and from work and which vehicle may also be operated by the driver or other designated persons for their personal use.

"Crosswalk" means that part of a highway at an intersection, either marked or unmarked existing at each approach of every roadway intersection, included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the shoulder, or, if none, from the edges of the roadway; also, any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other marking on the surface.

"Curb extension" or "bulbout" means a horizontal extension of the sidewalk into the street which results in a narrower roadway section.

"Dealer" includes every person actively engaged in the business of buying, selling or exchanging motor vehicles or motorcycles and who has an established place of business.

"Deputy Chief Administrator" means the deputy chief administrator of the commission.

"Driver" means the rider or driver of a horse, bicycle or motorcycle or the driver or operator of a motor vehicle, unless otherwise specified.

"Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

"Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

"Flammable liquid" means any liquid having a flash point below 200 degrees Fahrenheit, and a vapor pressure not exceeding 40 pounds.

"Gross weight" means the combined weight of a vehicle and a load thereon.

"High occupancy vehicle" or "HOV" means a vehicle which is used to transport two or more persons and shall include public transportation, car pool, van pool, and other vehicles as determined by regulation of the Department of Transportation.

"Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

"Horse" includes mules and all other domestic animals used as draught animals or beasts of burden.

"Inside lane" means the lane nearest the center line of the roadway.

"Intersection" means the area embraced within the prolongation of the lateral curb lines or, if none, the lateral boundary lines of two or more highways which join one another at an angle, whether or not one such highway crosses another.

"Laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.

"Leased limousine" means any limousine subject to regulation in the State which:

a. Is offered for rental or lease, without a driver, to be operated by a limousine service as the lessee, for the purpose of carrying passengers for hire; and

b. Is leased or rented for a period of one year or more following registration.

"Leased motor vehicle" means any motor vehicle subject to registration in this State which:

a. Is offered for rental or lease, without a driver, to be operated by the lessee, [his] the lessee’s agent or servant, for purposes other than the transportation of passengers for hire; and

b. Is leased or rented for a period of one year or more following registration.

"Limited-access highway" means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway; and includes any highway designated as a "freeway" or "parkway" by authority of law.

"Local authorities" means every county, municipal and other local board or body having authority to adopt local police regulations under the Constitution and laws of this State, including every county governing body with relation to county roads.

["Low-speed electric bicycle" means a two or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts, that meets the requirements of one of the following classifications: "class 1 low-speed electric bicycle" which means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; or "class 2 low-speed electric bicycle'' which means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.]

"Low-speed electric scooter" means a scooter with a floorboard that can be stood upon by the operator, with handlebars, and an electric motor that is capable of propelling the device with or without human propulsion at a maximum speed of less than 19 miles per hour.

"Low-speed vehicle" means a four-wheeled low-speed vehicle, as defined in 49 C.F.R. s.571.3(b), whose attainable speed is more than 20 miles per hour but not more than 25 miles per hour on a paved level surface and which is not powered by gasoline or diesel fuel and complies with federal safety standards as set forth in 49 C.F.R. s.571.500.

"Magistrate" means any municipal court and the Superior Court, and any officer having the powers of a committing magistrate and the chief administrator.

"Manufacturer" means a person engaged in the business of manufacturing or assembling motor vehicles, who will, under normal business conditions during the year, manufacture or assemble at least 10 new motor vehicles.

"Metal tire" means every tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.

"Mid-block crosswalk" means a crosswalk located away from an intersection, distinctly indicated by lines or markings on the surface.

"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 or a pedal bicycle having an electric motor that is capable of propelling the bicycle in excess of 20 miles per hour with a maximum motor-powered speed of no more than 28 miles per hour on a flat surface] a pedal bicycle with fully-operable pedals and an electric motor that can provide assistance when the rider is pedaling or that, through the use of a throttle, can be used to exclusively propel the bicycle. This term shall not include a [low-speed electric bicycle, or] low-speed electric scooter as defined in this section.

"Motorcycle" includes motorcycles, autocycles, motor bikes, bicycles with motor attached and all motor-operated vehicles of the bicycle or tricycle type, except motorized bicycles [, low-speed electric bicycles,] and low-speed electric scooters as defined in this section, whether the motive power be a part thereof or attached thereto and having a saddle or seat with driver sitting astride or upon it or a platform on which the driver stands.

"Motor-drawn vehicle" includes trailers, semitrailers, or any other type of vehicle drawn by a motor-driven vehicle.

"Motor vehicle" includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks, [low-speed electric bicycles,] low-speed electric scooters, and motorized bicycles.

"Motorized scooter" means a miniature motor vehicle and includes, but is not limited to, pocket bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini choppers, mini motorcycles, motorized skateboards and other vehicles with motors not manufactured in compliance with Federal Motor Vehicle Safety Standards and which have no permanent Federal Safety Certification stickers affixed to the vehicle by the original manufacturer. This term shall not include: electric personal assistive mobility devices, motorized bicycles, low-speed vehicles, [low-speed electric bicycles,] or low-speed electric scooters; or motorized wheelchairs, mobility scooters or similar mobility assisting devices used by persons with physical disabilities, or persons whose ambulatory mobility has been impaired by age or illness.

"Motorized skateboard" means a skateboard that is propelled otherwise than by muscular power.

"Motorized wheelchair" means any motor-driven wheelchair utilized to increase the independent mobility, in the activities of daily living, of an individual who has limited or no ambulation abilities, and includes mobility scooters manufactured specifically for such purposes and designed primarily for indoor use.

"Noncommercial truck" means every motor vehicle designed primarily for transportation of property, and which is not a "commercial vehicle."

"Official traffic control devices" means all signs, signals, markings, and devices not inconsistent with this subtitle placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.

"Omnibus" includes all motor vehicles used for the transportation of passengers for hire, except commuter vans and vehicles used in ridesharing arrangements and school buses, if the same are not otherwise used in the transportation of passengers for hire.

"Operator" means a person who is in actual physical control of a vehicle or street car.

"Outside lane" means the lane nearest the curb or outer edge of the roadway.

"Owner" means a person who holds the legal title of a vehicle, or if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee or mortgagor shall be deemed the owner for the purpose of this subtitle.

"Parking" means the standing or waiting on a street, road or highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.

"Passenger automobile" means all automobiles used and designed for the transportation of passengers, other than omnibuses and school buses.

"Pedestrian" means a person afoot.

"Pedicab" means a wheeled device that: (1) contains three or more wheels; (2) is designed to transport passengers and be propelled by muscular power using pedals; (3) is designed to accommodate no more than 15 passengers in addition to the driver; (4) is operated for hire; and (5) if equipped with a motor, is equipped with: an electric motor [that meets the classifications of a class 1 or class 2 low-speed electric bicycle] of less than 750 watts that provides assistance only when the driver is pedaling and that ceases to provide assistance when the wheeled device reaches the speed of 20 miles per hour; or an electric motor of less than 750 watts that may be used exclusively to propel the wheeled device and that is not capable of providing assistance when the wheeled device reaches the speed of 20 miles per hour. A pedicab shall not be considered a motor vehicle or a motorcycle.

"Person" includes natural persons, firms, copartnerships, associations, and corporations.

"Pneumatic tire" means every tire in which compressed air is designed to support the load.

"Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

"Private road or driveway" means every road or driveway not open to the use of the public for purposes of vehicular travel.

"Railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except street cars.

"REAL ID basic driver's license" means a basic driver's license issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder.

"REAL ID identification card" means an identification card issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder.

"REAL ID license" means any license to operate a motor vehicle issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder.

"REAL ID motorcycle license" means a motorcycle license issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder.

"REAL ID probationary license" means a probationary license issued by the commission that complies with the provisions of the "REAL ID Act of 2005," P.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder.

"Recreation vehicle" means a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance.

"Residence district" means that portion of a highway and the territory contiguous thereto, not comprising a business district, where within any 600 feet along such highway there are buildings in use for business or residential purposes which occupy 300 feet or more of frontage on at least one side of the highway.

"Ridesharing" means the transportation of persons in a motor vehicle, with a maximum carrying capacity of not more than 15 passengers, including the driver, where such transportation is incidental to the purpose of the driver. The term shall include such ridesharing arrangements known as car pools and van pools.

"Right-of-way" means the privilege of the immediate use of the highway.

"Road tractor" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.

"Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways, collectively.

"Safety zone" means the area or space officially set aside within a highway for the exclusive use of pedestrians, which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.

"School bus" means every motor vehicle operated by, or under contract with, a public or governmental agency, or religious or other charitable organization or corporation, or privately operated for the transportation of children to or from school for secular or religious education, which complies with the regulations of the New Jersey Motor Vehicle Commission affecting school buses, including "School Vehicle Type I" and "School Vehicle Type II" as defined below:

"School Vehicle Type I" means any vehicle designed to transport 16 or more passengers, including the driver, used to transport enrolled children, and adults only when serving as chaperones, to or from a school, school connected activity, day camp, summer day camp, summer residence camp, nursery school, child care center, preschool center or other similar places of education. Such vehicle shall comply with the regulations of the New Jersey Motor Vehicle Commission and either the Department of Education or the Department of Human Services, whichever is the appropriate supervising agency.

"School Vehicle Type II" means any vehicle designed to transport less than 16 passengers, including the driver, used to transport enrolled children, and adults only when serving as chaperones, to or from a school, school connected activity, day camp, summer day camp, summer residence camp, nursery school, child care center, preschool center or other similar places of education. Such vehicle shall comply with the regulations of the New Jersey Motor Vehicle Commission and either the Department of Education or the Department of Human Services, whichever is the appropriate supervising agency.

"School zone" means that portion of a highway which is either contiguous to territory occupied by a school building or is where school crossings are established in the vicinity of a school, upon which are maintained appropriate "school signs" in accordance with specifications adopted by the chief administrator and in accordance with law.

"School crossing" means that portion of a highway where school children are required to cross the highway in the vicinity of a school.

"Semitrailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

"Shipper" means any person who shall deliver, or cause to be delivered, any commodity, produce or article for transportation as the contents or load of a commercial motor vehicle. In the case of a sealed ocean container, "shipper" shall not be construed to include any person whose activities with respect to the shipment are limited to the solicitation or negotiation of the sale, resale, or exchange of the commodity, produce or article within that container.

"Shoulder" means that portion of the highway, exclusive of and bordering the roadway, designed for emergency use but not ordinarily to be used for vehicular travel.

"Sidewalk" means that portion of a highway intended for the use of pedestrians, between the curb line or the lateral line of a shoulder, or if none, the lateral line of the roadway and the adjacent right-of-way line.

"Sign." See "Official traffic control devices."

"Slow-moving vehicle" means a vehicle run at a speed less than the maximum speed then and there permissible.

"Solid tire" means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.

"Standard" means, when used to describe any license to operate a motor vehicle or any identification card issued by the commission under the provisions of this Title, that the issuance of the license or identification card does not require proof of lawful presence in the United States.

"Street" means the same as highway.

"Street car" means a car other than a railroad train, for transporting persons or property and operated upon rails principally within a municipality.

"Stop," when required, means complete cessation from movement.

"Stopping or standing," when prohibited, means any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.

"Suburban business or residential district" means that portion of highway and the territory contiguous thereto, where within any 1,320 feet along that highway there is land in use for business or residential purposes and that land occupies more than 660 feet of frontage on one side or collectively more than 660 feet of frontage on both sides of that roadway.

"Through highway" means every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter.

"Trackless trolley" means every motor vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

"Traffic" means pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly, or together, while using any highway for purposes of travel.

"Traffic control signal" means a device, whether manually, electrically, mechanically, or otherwise controlled, by which traffic is alternately directed to stop and to proceed.

"Trailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

"Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property.

"Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

"Van pooling" means seven or more persons commuting on a daily basis to and from work by means of a vehicle with a seating arrangement designed to carry seven to 15 adult passengers.

"Vehicle" means every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or [low-speed electric bicycles,] low-speed electric scooters [,] or motorized bicycles.

(cf: P.L.2022, c.16, s.2)

2. Section 2 of P.L.2024, c.109 (C.27:5F-45) is amended to read as follows:

2. a. For the purposes of this section:

"Active transportation" means pedestrian mobility, such as walking and running, individual use of personal conveyances for mobility powered by human effort or electric motors, and personal conveyances that consider and address accommodations pursuant to the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.).

"Bicycle" means the same as the term is defined in section 2 of P.L.1975, c.328 (C.39:4-14.5).

"Pedestrian" shall include, but not be limited to: a pedestrian as defined in R.S.39:1-1; a person in a wheelchair or motorized wheelchair as defined in R.S.39:1-1; and a person employed by or who contracts with any public utility company in this State, a property maintenance worker, or any other person who is permitted by law to be upon the roadway and outside a motor vehicle for work or recreation and is upon a roadway and outside a motor vehicle for work or recreation.

"Personal conveyance" shall include:

(1) a bicycle as defined in this section;

(2) [a low-speed electric bicycle as defined in R.S.39:1-1;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(3) a low-speed electric scooter as defined in R.S.39:1-1;

(4) a manual wheelchair;

(5) a motorized wheelchair as defined in R.S.39:1-1 or similar mobility assisting devices used by persons with physical disabilities or by persons whose ambulatory mobility has been impaired by age or illness;

(6) an electric personal assistive mobility device as defined in section 1 of P.L.2001, c.430 (C.39:4-14.10);

(7) a motorized scooter as defined in R.S.39:1-1;

(8) a skateboard;

(9) a motorized skateboard as defined in R.S.39:1-1;

(10) roller skates as defined in section 1 of P.L.1997, c.411 (C.39:4-10.5); and

(11) any other means used by a person for transportation.

"Safe system approach" means evaluating traffic safety and designing a transportation system with the goal of eliminating fatal and serious injuries for all road users by acknowledging that: traffic deaths and serious injuries are unacceptable, humans make mistakes, humans are vulnerable, responsibility is shared, safety is proactive, and redundancy is crucial.

"Target zero strategies" means actionable strategies using the safe system approach and include, but are not limited to: (1) prioritizing roadway design and design of sidewalks; crosswalks; roadway shoulders; personal conveyance parking; access to public transit, schools, and parks; and intersections and corridors with paths, trails, and multiuse greenways; (2) focusing on speed management; (3) ensuring enforcement is equitable; and (4) utilizing impactful education strategies and inclusive community engagement.

"Traffic control signal" means a device, whether manually, electrically, mechanically, or otherwise controlled, by which traffic is alternatively directed to stop and to proceed, and which has been approved by the Commissioner of Transportation in accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways."

"Traffic control signal monitoring system" means an integrated system or device utilizing a camera, or a multiple-camera system, and vehicle sensors, which work in conjunction with a traffic control signal, and is capable of producing:

(1) high resolution color digital recorded images that show: (a) the traffic control signal while it is displaying a red light; (b) a motor vehicle unlawfully entering and continuing through the intersection while the traffic control signal is displaying a red light; and (c) a portion of the rear of the motor vehicle unlawfully in the intersection sufficient to clearly reveal the vehicle's license plate and the make and model of the vehicle; and

(2) a video recording of the violation that shows the violation occurring.

b. The purpose and duties of the commission shall be to study, examine, and review all aspects of traffic safety with a particular focus on access, equity, and mobility for all road users using the safe system approach and to advise the Governor, the Legislature, and the Department of Transportation regarding policies, programs, research, and priorities to help achieve the goal of eliminating traffic fatalities and serious injuries. To fulfill this purpose and these duties, the commission shall:

(1) review any relevant, existing safety plans brought to the commission by its members, identify ways to advance target zero strategies, and develop a comprehensive and coordinated action plan to help achieve the goal of eliminating traffic fatalities and serious injuries on all public roadways in the State by 2040 through engineering, education, and enforcement systems that analyze physical transportation designs with a focus on the equitable treatment of all transportation users; provided that the action plan shall not include implementation of traffic control signal monitoring system technology to determine whether a traffic control signal violation occurred and to issue a summons or assess any penalties for such violation;

(2) identify short-term and long-term data-driven strategies with measurable goals and target dates to reduce traffic fatalities and serious injuries with the goal of eliminating all traffic fatalities and serious injuries by 2040; provided that the strategies shall not include implementation of traffic control signal monitoring system technology to determine whether a traffic control signal violation occurred and to issue a summons or assess any penalties for such violation;

(3) develop and adopt the action plan pursuant to paragraph (1) of this subsection, which action plan shall include implementation of the strategies identified pursuant to paragraph (2) of this subsection no later than the first day of the 12th month following the effective date of P.L.2024, c.109 (C.27:5F-44 et seq.), except that before adopting the action plan, the commission shall host a public hearing to receive public feedback concerning the proposed action plan, which proposed action plan shall be published on the commission's Internet website no less than 72 hours before the public hearing;

(4) promote effective and transparent collection of traffic safety data and dissemination of such data via a publicly accessible data portal that includes, but is not limited to, the most dangerous intersections in the State, traffic crash data with information on non-fatal injuries and demographic data, and a high-injury network that indicates the roadways, in the State, with the highest injury rates;

(5) encourage the elimination of road hazards by advancing active transportation and mass transit as safe and viable forms of transportation throughout the State for persons of all ages and abilities;

(6) provide recommendations for changes to State, county, and municipal law to achieve the goal of eliminating all traffic fatalities and serious injuries by 2040; provided that the recommendations shall not include implementation of traffic control signal monitoring system technology to determine whether a traffic control signal violation occurred and to issue a summons or assess any penalties for such violation;

(7) review any relevant, existing safety plans brought to the commission by its members and develop the action plan to implement and promote the safe system approach, target zero strategies, and evidenced-based safety countermeasures to help achieve the goal of eliminating traffic fatalities and severe injuries among all road users by 2040; provided that the action plan shall not include implementation of traffic control signal monitoring system technology to determine whether a traffic control signal violation occurred and to issue a summons or assess any penalties for such violation;

(8) create and maintain an interactive Internet website to provide information about the commission, including: the membership of the commission; the commission's plans, progress reports, meeting notices, agendas, and minutes; educational materials about target zero; a link to the safety portal required pursuant to paragraph (4) of this subsection; and any other information the commission deems necessary;

(9) serve as an advisor to the Department of Transportation and other State agencies and transportation authorities with regard to roadway planning and transportation infrastructure planning;

(10) provide advice and assistance to county and municipal governments regarding the data resources available to them to develop their own target zero plans; and

(11) report annually to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the findings and activities of the commission, including the number of road traffic fatalities and serious injuries and the review of the implementation of the action plans. The commission shall submit the report before the third Sunday in November of each year, which is World Day of Remembrance for Road Traffic Victims.

(cf: P.L.2024, c.109, s.2)

3. Section 2 of P.L.1975, c.250 (C.39:4-14.3) is amended to read as follows:

2. a. Motorized bicycles shall not be operated upon interstate highways or upon public highways divided by a grass or concrete median or highways with posted speed limits in excess of 50 miles per hour or upon the railroad or right-of-way of an operating railroad within the State of New Jersey or upon any public land where expressly prohibited by the governing body, department or agency having jurisdiction thereof.

The commissioner is authorized to adopt regulations either prohibiting the operation of motorized bicycles on any public road or highway with a speed limit in excess of 40 miles per hour, which in [his] the commissioner’s discretion are hazardous for the operation of motorized bicycles or permitting the operation of motorized bicycles on any public road or highway, upon which the operation of motorized bicycles is otherwise prohibited by the provisions of this section, which in [his] the commissioner’s discretion are safe for the operation of motorized bicycles. In no case, however, shall the commissioner adopt a regulation permitting motorized bicycles to be operated on any highway with a posted speed in excess of 50 miles per hour.

b. No municipality shall limit or otherwise restrict the operation of motorized bicycles on any public roads or highways under its jurisdiction in contravention of the provisions of this act or any regulations adopted by the [director] chief administrator pursuant thereto.

c. Motorized bicycles shall not be operated by a person under 15 years of age.

d. No person shall operate a motorized bicycle unless [he] the person is: at least 17 years of age and is in possession of a valid basic driver's license [of any class]; or (2) is in possession of a motorized bicycle license, which shall be issued by the commission to any person 15 years of age or older, upon proof of identity and date of birth, and after [he] the person has passed a satisfactory examination as to [his] the person’s ability as an operator. Such examination shall include a test of the applicant's knowledge of such portions of the mechanism of motorized bicycles as is necessary to [insure] ensure their safe operation and of the laws and ordinary usages of the road and a demonstration of [his] the applicant’s ability to operate a motorized bicycle.

The demonstration of an applicant's ability to operate a motorized bicycle shall be administered at such municipalities that the commission shall designate, under the supervision of the commission, or an officer, employee, or authorized agent of the commission, in accordance with rules and regulations promulgated by the commission.

The chief administrator may, in [his] the chief administrator’s discretion, issue a learner's permit to a person 15 years of age or older, upon proof of identity and date of birth, allowing such person, for the purpose of fitting [himself] the person to become a motorized bicycle driver, to operate a motorized bicycle during daylight hours without supervision for a period not to exceed 45 days. The permit shall be sufficient license for the person to operate a motorized bicycle. No permit shall be issued unless the person applying therefor shall pay the sum of [$5.00] $5 to the commission, or an officer, employee or agent of the commission.

e. The valid driver's license, the insurance identification card, and the registration certificate shall be in the possession of the operator at all times when [he] the operator is operating a motorized bicycle with motor engaged on the highways of this State. The operator shall exhibit [his] the operator’s driver's license when requested to do so by any police officer or magistrate, while in the performance of the duties of [his] the officer’s or magistrate’s office and shall write [his] the operator’s name in the presence of the officer, so that the officer may thereby determine the identity of the licensee and at the same time determine the correctness of the registration certificate, as it relates to the registration number and number plates of the motorized bicycle for which it was issued and the correctness of the evidence of a policy of insurance, as it relates to the coverage of the motorized bicycle for which it was issued. Any person violating this subsection shall be subject to a fine not exceeding [$50.00] $50.

If a person charged with a violation of this subsection can exhibit [his] the person’s valid driver's license, insurance identification card, and registration certificate, which were valid on the day [he] the person was charged, to the judge of the municipal court before whom [he] the person is summoned to answer to the charge, the judge may dismiss the charge; however, the judge may impose court costs.

f. Unless otherwise determined by the commissioner, statutes, rules and regulations applicable to bicycles shall apply whenever a motorized bicycle is operated upon any highway or upon any public land.

Every person operating a motorized bicycle upon a public road or highway shall be subject to all of the duties applicable to the driver of a vehicle by chapter 4 of Title 39 of the Revised Statutes and N.J.S.2C:11-5 and all amendments and supplements thereto.

(cf: P.L.2003, c.13, s.49)

4. Section 8 of P.L.1977, c.267 (C.39:4-14.3f) is amended to read as follows:

8. Article 15 of chapter 4 of Title 39 of the Revised Statutes pertaining to accidents and reports shall be applicable to all accidents involving motorized bicycles. Any law enforcement officer investigating an accident in which a motorized bicycle is involved shall report the accident to the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission and to the Department of Transportation. Said report shall include information relating to the cause of the accident and extent of
injury, if any, to the operator and such other information as may be required.

(cf: P.L.1977, c.267, s.8)

5. Section 2 of P.L.2019, c.121 (C.39:4-14.16) is amended to read as follows:

2. a. A [low-speed electric bicycle or] low-speed electric scooter, as defined in R.S.39:1-1, may be operated on the streets, highways, roadways, and bicycle paths of this State, except as otherwise provided in this section, and may be parked on a sidewalk provided that the [low-speed electric bicycle or] low-speed electric scooter does not impede the normal movement of pedestrian or other traffic upon the sidewalk.

b. [On and after January 1, 2019, manufacturers and distributors of low-speed electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each low-speed electric bicycle The label shall contain the classification number, top assisted speed, and motor wattage of the low-speed electric bicycle, and shall be printed in Arial font in at least 9-point type.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

c. [A person shall not tamper with or modify a low-speed electric bicycle so as to change the motor-powered speed capability or engagement of a low-speed electric bicycle, unless that person appropriately replaces the label indicating the classification required in subsection b. of this section.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

d. A [low-speed electric bicycle or] low-speed electric scooter may be operated on bicycle paths, except that a local government entity or State agency may prohibit the operation of [low-speed electric bicycle or] low-speed electric scooters on bicycle paths under its jurisdiction.

e. Unless permitted by a local government entity or State agency with jurisdiction, a [low-speed electric bicycle or] low-speed electric scooter shall not be operated on a trail designated for non-motorized traffic if such trail has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added.

f. The operator of a [low-speed electric bicycle or] low-speed electric scooter shall not be required to register the [low-speed electric bicycle or] low-speed electric scooter, furnish proof of insurance, or have a driver's license.

g. Except as otherwise provided by this section, all statutes, including the provisions of chapter 4 of Title 39 of the Revised Statutes, rules, and regulations applicable to bicycles, as defined in section 1 of P.L.1991, c.465 (C.39:4-10.1), shall apply to [low-speed electric bicycle and] low-speed electric scooters, except those provisions which by their very nature may have no application to [low-speed electric bicycle or] low-speed electric scooters.

h. A [low-speed electric bicycle or] low-speed electric scooter shall be considered a motor vehicle to the extent required by 23 U.S.C. s.154.

(cf: P.L.2019, c.121, s.2)

6. Section 1 of P.L.2021, c.194 (C.39:4-92.4) is amended to read as follows:

1. a. As used in this section:

"Bicycle" shall have the same meaning as set forth in section 2 of P.L.1975, c.328 (C.39:4-14.5).

"Pedestrian" shall include, but not be limited to, a pedestrian as defined in R.S.39:1-1 or any other person who is upon the roadway and outside of a motor vehicle for work, emergency response, or recreation.

"Personal conveyance" shall include, but not be limited to, [a low-speed electric bicycle as defined in R.S.39:1-1,] a motorized bicycle as defined in R.S.39:1-1, low-speed electric scooter as defined in R.S.39:1-1, a manual wheelchair, a motorized wheelchair as defined in R.S.39:1-1 or a similar mobility assisting device used by persons with physical disabilities or by persons whose ambulatory mobility has been impaired by age or illness, an electric personal assistive mobility device as defined in section 1 of P.L.2001, c.430 (C.39:4-14.10), a motorized scooter as defined in R.S.39:1-1, a skateboard as referenced in section 1 of P.L.1997, c.411 (C.39:4-10.5), a motorized skateboard as defined in R.S.39:1-1, roller skates as defined in section 1 of P.L.1997, c.411 (C.39:4-10.5), or any other device used by a person for transportation.

b. The operator of a motor vehicle shall approach a pedestrian or a person operating a bicycle or personal conveyance located or operating in an area designated for pedestrians, bicycles, or personal conveyances on the roadways of this State with due caution and absent any other direction by a law enforcement officer, proceed as follows:

(1) when possible under existing safety and traffic conditions, make a lane change into a lane not adjacent to the pedestrian or the person operating a bicycle or personal conveyance;

(2) if a lane change cannot be made pursuant to paragraph (1) of this subsection, leave a reasonable and safe distance of not less than four feet while approaching the pedestrian or the person operating a bicycle or personal conveyance and maintain a distance of at least four feet until the motor vehicle has safely passed the pedestrian or person operating the bicycle or personal conveyance; or

(3) if it is impossible, prohibited by law, or unsafe to make a lane change pursuant to paragraph (1) of this subsection or to leave a reasonable and safe distance of not less than four feet pursuant to paragraph (2) of this subsection, the motor vehicle operator shall reduce the speed of the motor vehicle to 25 miles per hour or a lower posted speed and be prepared to stop; the operator may pass the pedestrian or person operating a bicycle or personal conveyance only if, considering the size and speed of the motor vehicle, traffic conditions, weather, visibility, and the surface and width of the roadway, passing does not endanger the safety of a pedestrian, operator of the bicycle or personal conveyance, or any other person on the roadway.

c. A person who commits a violation of the provisions of this section, which violation results in bodily injury as defined in N.J.S.2C:11-1, shall be fined $500 and assessed two motor vehicle penalty points; if no bodily injury results, the violator shall be fined $100 and shall not be assessed any penalty points.

d. Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any offense defined by the laws of this State or for any violation of Title 39 of the Revised Statutes.

(cf: P.L.2024, c.11, s.1)

7. (New section) a. The Chief Administrator of the New Jersey Motor Vehicle Commission may accept as proof of ownership a sworn affidavit from the owner of a motorized bicycle if the following apply:

(1) the motorized bicycle was not required to be registered in this State prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) the motorized bicycle was purchased prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill);

(3) there is no bill of sale or other formal proof of ownership available for the motorized bicycle; and

(4) the sworn affidavit sets forth with reasonable specificity the acquisition of ownership of the motorized bicycle together with any supporting documents as proof of ownership of the motorized bicycle.

b. It shall be a crime of the fourth degree for a person to knowingly submit a false bill of sale, false receipt of purchase, or any other false proof of ownership, or to knowingly submit any false affidavit or false supporting document regarding proof of ownership of a motorized bicycle.

8. (New section) One year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and annually thereafter, the New Jersey Motor Vehicle Commission and the Department of Transportation shall prepare and submit an annual report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), concerning all information collected concerning motorized bicycles in this State. The report shall include, but not be limited to:

a. the number of motorized bicycles registered in the State;

b. the number and types of violations, citations, complaints, and accidents involving motorized bicycles; and

c. any recommendations for legislation concerning the regulation of motorized bicycles.

9. (New section) Notwithstanding any law, rule, or regulation to the contrary, for one year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the New Jersey Motor Vehicle Commission shall waive all examination, registration, and licensing fees required pursuant to section 2 of P.L.1975, c.250 (C.39:4-14.3) for the operation of motorized bicycles that were not classified as motorized bicycles prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

10. (New section) Notwithstanding the provisions of section 21 of P.L.1983, c.105 (C.39:4-14.3u), a person shall have six months following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) to obtain:

a. insurance pursuant to section 7 of P.L.1977, c.267 (C.39:4-14.3e) for a motorized bicycle that was not classified as a motorized bicycle prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill);

b. a registration certificate pursuant to section 9 of P.L.1983, c.105 (C.39:4-14.3i) for a motorized bicycle that was not classified as a motorized bicycle prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill); and

c. a motorized bicycle license pursuant to section 2 of P.L.1975, c.250 (C.39:4-14.3) to operate a motorized bicycle that was not classified as a motorized bicycle prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

11. This act shall take effect 60 days after enactment. However, the Chief Administrator of the New Jersey Motor Vehicle Commission may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill expands the types of bicycles that are regulated as motorized bicycles in New Jersey.

The bill amends current law to remove all classifications of electric bicycles and to, instead, redefine and expand the classification of “motorized bicycle” to include a pedal bicycle with fully-operable pedals and an electric motor that can provide assistance when the rider is pedaling or that, through the use of a throttle, can be used to exclusively propel the bicycle.

By designating all pedal bicycles with electric motors as motorized bicycles, a person owning or operating one of these bicycles will be required to comply with the provisions of law concerning motorized bicycles, including, but not limited to, obtaining insurance, a license, and registration to operate these bicycles. Under the bill, a person has six months following the bill’s effective date to register, insure, and become licensed to operate a motorized bicycle that was not classified as a motorized bicycle before the bill’s effective date.

Under the bill, a person is required to be 17 years of age or older with a valid basic driver’s license issued by the commission to operate a motorized bicycle. A person under the age of 17 may operate a motorized bicycle if the person is at least 15 years of age and is in possession of a valid motorized bicycle license. Under current law, a person who is in possession of a valid driver’s license of any class or is 15 years of age or older and in possession of a motorized bicycle license may operate a motorized bicycle.

The bill allows a person to register certain motorized bicycles using a sworn affidavit if certain conditions apply and provides that a person is guilty of a crime of the fourth degree if the person knowingly submits certain false documentation concerning proof of ownership of a motorized bicycle. The bill also removes all references to “low-speed electric bicycle” throughout current law and waives all motorized bicycle examination, registration, and licensing fees for the first year following the effective date of the bill for motorized bicycles that were not classified as motorized bicycles prior to the bill’s effective date. The bill amends N.J.S.A.39:4-92.4 to include “motorized bicycle” in the term “personal conveyance” so that, under the bill, the operator of a motor vehicle is required to approach a motorized bicycle with due caution and to change lanes, leave a safe distance, or slow down and be prepared to stop when approaching and passing a motorized bicycle.

The bill requires any law enforcement officer investigating an accident involving a motorized bicycle to report the accident to the Department of Transportation and the New Jersey Motor Vehicle Commission.

Finally, the bill requires the New Jersey Motor Vehicle Commission and the Department of Transportation to prepare and submit an annual report to the Legislature concerning all information collected concerning motorized bicycles in this State.