LOW SPEED VEHICLES
39A:LSV-1. Operation on public roads; conditions
a. A low-speed vehicle may be operated upon any public road or highway under the jurisdiction of the DOT with a posted speed of 25 miles per hour or less. The COT may by order, in the COT's discretion, permit the use of low-speed vehicles upon any road and highway under the jurisdiction of the DOT where the posted speed limit is greater than 25 miles per hour but not greater than 35 miles per hour. The COT may by order prohibit the use of low-speed vehicles on any street under the jurisdiction of the DOT where the COT determines that the operation of low-speed vehicles would constitute a hazard.
b. A low-speed vehicle may be operated upon any public road or highway under the jurisdiction of a county or municipality with a posted speed of 25 miles per hour or less. A municipality or county may, by ordinance resolution, as appropriate, in the case of any street under municipal or county jurisdiction, permit the use of low- speed vehicles where the posted speed limit is greater than 25 miles per hour but not greater than 35 miles per hour. A municipality or county may, by ordinance or resolution, as appropriate, prohibit the use of low-speed vehicles on any street where the municipality or county determines that the operation of low- speed vehicles would constitute a hazard.
c. A low-speed vehicle may enter an intersection and cross any public road or highway under the jurisdiction of the DOT, a county or a municipality, where the posted speed is 35 miles per hour or less, provided that if the road or highway is more than two lanes or is divided, crossings shall only occur at signalized intersections or at such non-signalized intersections as the COT in the COT's discretion, or the county or municipality, as the case may be, determines are appropriate for such crossings. If the posted speed is in excess of 35 miles per hour, the low-speed vehicle may enter an intersection and cross only at signalized intersections or at such non-signalized intersections as the COT in the COT's discretion, or the county or municipality, as the case may be, determines are appropriate for such crossings. A COT determination may be made either on the COT's own motion or at the request of a county or municipality.
d. Persons operating a low-speed vehicle upon a public road, street or highway or crossing a public road, street or highway in violation of this section shall be subject to the general penalties of this Title.
Source: 39:4-31.1
COMMENT
This section is substantially identical to the original section. The language was modified slightly, including the consolidation of the original subsections (c) and (d).
39A:LSV-2. Requirements for operation
a. Low-speed vehicles operated upon any public road or highway in this State shall be maintained in proper condition and comply with the equipment requirements and standards as set forth in 49 CFR s. 571.500, as amended and supplemented.
Low-speed vehicles operated upon any public road or highway in this State shall be equipped with the following additional equipment:
(1) Brakes adequate to control the movement of and to stop such vehicle;
(2) An odometer;
(3) A speedometer; and
(4) The original manufacturer's vehicle identification number die stamped upon the body, or frame, or either or both of them, of the vehicle or the original manufacturer's vehicle identification number die stamped upon the engine or motor of the vehicle.
b. All low-speed vehicles shall have a safety information decal as provided by the manufacturer affixed in a conspicuous place on the rear of the vehicle which shall display in prominent lettering "25 MPH Vehicle."
c. Any person operating a low-speed vehicle without the equipment prescribed in this section shall, on conviction, be fined for each violation as provided in 39:3-79.
d. A person operating a low-speed vehicle in this State authorized pursuant to this section shall be in possession of a valid driver's license pursuant to the applicable provisions of 39:3- 10.
e. Low-speed vehicles operated on the roads and highways of this State shall be properly registered and insured in accordance with the provisions of 39:3-4. All low-speed vehicles operated on the roads and highways of this State shall properly display a license plate issued by the New Jersey Motor Vehicle Commission or issued pursuant to the laws of another state.
f. The driver's license, the registration certificate of a motor vehicle and an insurance identification card shall be in the possession of the driver or operator at all times when he is in charge of a low-speed vehicle on the highways of this State.
g. Every person operating a low-speed vehicle upon a public road, street or highway shall be subject to the provisions of chapter 4 of Title 39 of the Revised Statutes, and chapter 11 and chapter 12 of Title 2C of the New Jersey Statutes applicable to the drivers of motor vehicles.
h. No low-speed vehicle shall be subject to a motor vehicle inspection by the New Jersey Motor Vehicle Commission. The registered owner of a low-speed vehicle shall be required to maintain the vehicle in proper condition as required by this section.
Source: 39:4-31.2; 39:4-31.3; 39:4-31.5.
COMMENT
This section is substantially identical to the original sections. Subsections (a) – (c) are the original 39:4-31.2. Subsections (d) – (g) are the original 39:4-31.3. Subsection (h) is the former 39:4-31.5.
39A:LSV-3. Certificate of origin; waiver
a. When a new low-speed vehicle is delivered in this State by the manufacturer to an agent or a dealer, or a person purchasing directly from the manufacturer, the manufacturer shall execute and deliver to the agent or a dealer, or a person purchasing directly from the manufacturer, a certificate of origin. A person shall not bring into this State any new low-speed vehicle unless that person has is in possession of the certificate of origin. The certificate of origin shall contain the manufacturer's vehicle identification number and the motor number, if available, when the vehicle is sold, the name of the manufacturer, the manufacturer's shipping weight, and identify the vehicle as a low-speed vehicle, and provide a general description of the body, if any, the type and model and the gross vehicle weight rating.
b. When a new low-speed vehicle is sold in this State, the manufacturer, the agent or a dealer shall execute and deliver to the purchaser an assignment of the certificate of origin, with the genuine names and business or residence addresses of both stated thereon, and certified to have been executed with full knowledge of the contents and with the consent of both purchaser and seller. If, in connection with such sale, a security interest is taken or retained by the seller to secure all or a part of the purchase price of the vehicle, or is taken by a person who by making an advance or incurring an obligation gives value to enable the purchaser to acquire rights in the motor vehicle, the name and the business or residence address of the secured party or assignee shall be noted on the manufacturer's certificate of origin. Nothing in this section shall apply to security interests in motor vehicles which constitute inventory held for sale, but such interests shall be subject to chapter 9 of Title 12A of the New Jersey Statutes.
c. Each purchaser of a new low-speed vehicle in this State shall execute a waiver and certify to have purchased a low-speed vehicle with full knowledge of the potentially hazardous characteristics of such vehicles as detailed by the manufacturer or his agent or dealer. The waiver shall be prepared by the manufacturer and kept in the possession of the manufacturer and his agent or dealer of low-speed vehicles. An executed copy shall be provided to the purchaser. The signing of this waiver by the purchaser shall serve to eliminate any liability of the manufacturer and his agent or dealer of low-speed vehicles.
Source: 39:4-31.4.
COMMENT
This section is substantially identical to the original section.