Friday, August 28, 2009

§ 19:9-1.6 Parking, standing or stopping on Roadway prohibited, except in case of emergency

§ 19:9-1.6 Parking, standing or stopping on Roadway prohibited, except in case of emergency


(a) No vehicle shall be parked, stopped, loaded or unloaded or allowed to stand on the Roadway except where otherwise posted or expressly permitted by the Authority. Excepted from the provisions of this section while in the performance of assigned duties are State Police vehicles, the Authority‘s maintenance and official vehicles and vehicles authorized to furnish towing and other services to disabled vehicles on the Roadway, and all other vehicles discharging emergency functions, such as ambulances and fire engines, when they are properly in use in the performances of authorized duties, provided that no such excepted vehicles shall be stopped so as to create a hazard to other vehicles.

(b) “Emergency," for the purposes of this section, shall be defined and construed to exist only when the vehicle in question can not be moved; the existence of inclement weather conditions that obstruct travel, including, but not limited to, snow, ice, flooding or high wind conditions; mechanically disabled vehicles; the driver of the vehicle is ill or fatigued; or conditions deemed an “emergency” by the Authority or the State Police.

(c) In the event of an emergency, vehicles are permitted to stop or stand on the shoulders of the traffic lanes with all wheels and projecting parts of any such vehicles, including the load thereof, completely clear of the traffic lanes.

(d) In the event of an emergency on those portions of the traveled Roadway where there are no shoulders, the operator of the vehicle shall take safe, reasonable precautions, under the circumstances, to warn others of his or her vehicle‘s presence in the traffic lanes, and the operator of the vehicle shall move his or her vehicle as soon as the vehicle is physically operable.

(e) Any vehicle involved in an emergency as defined above shall be removed as promptly as possible from the Roadway.

(f) No vehicle is permitted to stop or stand on any portion of the Roadway for more than two continuous hours, except as set forth in (f)1 and 2 below. In addition to the State Police, Authority employees in charge of operating parking facilities used for bus, vanpool, carpool and related operations are authorized to enforce the provisions of this subsection.

1. Parking is permitted in the designated areas of facilities used for bus, vanpool, carpool and related operations (hereinafter “Park-n-Ride”) for more than two continuous hours; provided, however, that parking in Park-n-Rides is prohibited before and after the posted hours of operation. On the Parkway, parking in public parking facilities posted for commuter parking shall be limited to the period of 4:00 A.M. to Midnight, prevailing local time.

2. Truck parking is permitted at designated truck parking facilities on the Roadway for more than two hours in designated truck spaces, but in any event for no longer than 10 consecutive hours. Trucks parked pursuant to this subsection may utilize electrification, as same may be provided by, the Authority or its vendors or, subject to the terms and conditions of any applicable agreement between the Authority and its vendors, may park without using electrification. Vehicles parked pursuant to this subsection shall always be subject to compliance with all applicable laws, rules and regulations.

(g) Stopping of vehicles on any part of the Roadway for the purpose of picking up or discharging any person is prohibited.

(h) Whenever any vehicle shall be parked, stopped or allowed to stand upon the Roadway for any of the reasons prohibited by this chapter, such vehicle shall be removed forthwith from the Roadway and impounded by the Authority at the owner‘s expense until all towing and storage costs have been satisfied.


HISTORY


HISTORY:


R.1977 d.63, effective March 1, 1977.


See: 9 N.J.R. 56(a), 9 N.J.R. 203(a).


Amended by R.1993 d.496, effective October 4, 1993.


See: 25 N.J.R. 2839(b), 25 N.J.R. 4605(a).


Amended by R.1994 d.414, effective August 15, 1994.


See: 26 N.J.R. 337(a), 26 N.J.R. 3463(a).


Amended by R.1997 d.82, effective February 18, 1997.


See: 28 N.J.R. 2518(a), 28 N.J.R. 3242(a), 29 N.J.R. 587(a).


Inserted new (b); recodified former (b) as (c); combined former (c) and (d) into new and substantially amended (d); in (f), added exception to two hour parking maximum; deleted (g) and (h); recodified former (i) as (g); and deleted (j).


Amended by R.2005 d.23, effective January 3, 2005.


See: 36 N.J.R. 4415(a), 37 N.J.R. 90(a).


Rewrote (b); in (f), inserted second sentence; added (g).


Amended by R.2008 d.269, effective September 15, 2008.


See: 40 N.J.R. 1629(a), 40 N.J.R. 5246(a).


Rewrote (f).


CASE NOTES


Action to force utility to comply with backup requirement for overweight shipment of nuclear waste dismissed as moot; “capable of repetition yet evading review” test for decision on moot issue not met. New Jersey Turnpike Authority v. Jersey Central Power and Light, 772 F.2d 25 (3rd Cir.1985).


Regulation banning all photography on State turnpike exceeded powers delegated to State Turnpike Authority. State v. Levinson, 225 N.J.Super. 135, 541 A.2d 1110 (A.D.1988).


Chapter Notes