Friday, August 28, 2009

§ 19:9-1.9 Limitations on use of Roadway

§ 19:9-1.9 Limitations on use of Roadway


(a) Use of the Roadway and entry thereon by the following, unless otherwise authorized by the Authority, is prohibited:

1. Pedestrians;

2. Bicycles with or without motors and any other two or three-wheel vehicles, excluding motorcycles;

3. Motorcycles, during high winds or during the prevalence of other adverse weather conditions (applicable on Turnpike only, and as may be directed on the Parkway);

4. Vehicles drawn by animals;

5. Animals led, ridden or driven on the hoof;

6. Vehicles loaded with animals or poultry not properly confined;

7. Vehicles with improperly inflated pneumatic tires; also vehicles with tires in such condition that they are, in the judgment of the Authority or the New Jersey State Police, unsafe for use upon the Roadway;

8. Farm implements and farm machinery, whether self-propelled or towed;

9. Passenger vehicles and passenger vehicle-drawn trailers with improperly secured loads:

i. Passenger vehicles and passenger vehicle-drawn trailers carrying any load on the top or sides with lateral or horizontal projection in excess of 12 inches from body of vehicle or vertical projection in excess of 24 inches from body of vehicle;

10. Vehicles with metal tires or solid tires worn to metal and vehicles with caterpillar treads;

11. Construction equipment other than motor trucks or truck cranes capable of maintaining 45 miles per hour;

12. Except for the Interstate 95 Extension, any vehicle operated pursuant to a special permit issued pursuant to N.J.S.A. 39:3-84, unless said permit or its equivalent is issued by the Authority;

13. Passenger vehicles or passenger vehicle-drawn trailers being towed by other vehicles, unless both vehicles and the connecting and control devices between them meet the following requirements:

i. Not more than one vehicle is being towed;

ii. A hitch bar is used in combination with chain strong enough to hold if the bar became disconnected from either vehicle; and

iii. Brakes, brake lights and directional signals on both vehicles are controlled by the driver of towing vehicle and synchronized. A trailer with a gross weight of 3,000 pounds or less may be operated without brakes if it is towed by a vehicle whose gross weight is at least 2 1/2 times the gross weight of the trailer;

14. Vehicles with loads extending more than four feet:

i. Beyond the rear of the vehicle body or other supporting member; or

ii. Beyond the rear of vehicle-drawn trailer;

15. Vehicles with improperly secured loads;

16. Vehicles so loaded or operated that the contents or any part thereof may be scattered on the Roadway;

17. Vehicles that are not capable of maintaining a speed of at least 35 miles per hour on a level grade;

18. Vehicles not otherwise specified in this section that create a probable hazard to other vehicles or to persons;

19. During winds or during the prevalence of other adverse weather conditions, house trailers, horse trailers, boat trailers, utility trailers, motorcycles and all passenger vehicle-drawn trailers (applicable on Turnpike only, and as may be directed on the Parkway);

20. Vehicles in tow:

i. With an axle or combination of axles raised off the ground and supported by cable, chains, rope, dollies or other devices, except that Class 1 vehicles in tow with front axle off the ground and supported by dollies with safety chains are permitted to enter and use the Roadway provided that the brake lights and turn signals of the tow dolly trailering system or towed vehicle are connected to and operating in conjunction with the towing vehicle‘s lights;

ii. Without axles raised, if interconnected with rope, chains, cable or pipe or tow bars without chains; or

iii. By a fifth wheel crane or hoist mounted on a truck-tractor.

21. Vehicles owned or operated by a member or employee of a diplomatic mission, where said member or employee of the diplomatic mission has been sent prior written notice from the Authority that said member or employee violated any provision of N.J.A.C. 19:9 and who, subsequent to said notice, committed another violation of a provision of N.J.A.C. 19:9. Upon the occurrence of the second violation, said vehicle or vehicles shall be escorted off the Roadway at the nearest point of exit or interchange;

22. Commercial motor vehicles, trailer and semitrailers including farm trucks, while loaded with hay or straw when the extreme overall dimension is greater than 102 inches in width, without special permit; and

23. Drive-away saddlemount vehicle transporter combinations and drive-away saddlemount with fullmount vehicle transporter combinations, wherein a tractor is hauling additional tractors, as defined at 23 C.F.R. 658.5, exceeding an overall length of 75 feet; and

24. Omnibuses exceeding 45 feet in length, excluding bumpers, and articulated omnibuses exceeding 61 feet in length, excluding bumpers.

(b) Use of the Parkway and entry thereon by the following, unless otherwise authorized by the Authority, is prohibited:

1. All vehicles, except cars, campers, omnibuses, attached noncommercial trailers or semitrailers are prohibited from the Parkway north of Interchange 105;

2. Vehicles, or combination of vehicles, including any load thereon, exceeding the following maximum dimensions, except by special permit from the Authority:

i. Height—13 feet, six inches;

ii. Width—eight feet, no inches;

iii. Length—55 feet, no inches, except that autobuses, excluding articulated autobuses, which have been approved and authorized to exceed 55 feet, no inches by the Board of Public Utilities, and which are not in excess of 61 feet, no inches, shall be permitted use of the Parkway.

(1) Articulated autobuses which have been approved and authorized by the Board of Public Utilities, and which are not in excess of 61 feet, no inches, will be permitted use of the Parkway, subject to a one-year trial period.

3. No vehicle, except State Police, Authority maintenance vehicle and other Authority vehicles, with a registered gross vehicle weight above 7,000 pounds, shall be allowed on the Parkway north of Interchange 105 and without a special permit.

(c) Use of the Turnpike and entry thereon by the following, unless otherwise authorized by the Authority, is prohibited:

1. Vehicles or combinations of vehicles, including any load thereon, exceeding the following extreme overall dimensions or weights:

i. Height: 13 feet, six inches;

ii. Width: eight feet, six inches;

iii. Length: Semitrailer in excess of 53 feet in length when in a tractor-semitrailer combination, private utility, house-type semitrailer or trailer with a length of any single vehicle in excess of 35 feet, private utility, house-type semitrailer and towing vehicle combination in excess of 45 feet and private utility, house-type trailer and towing vehicle combination in excess of 50 feet, except that single recreational vehicles of up to 40 feet in length and combination recreational vehicles of up to 62 feet in length may operate on the Turnpike;

iv. Gross weight: 80,000 pounds;

(1) Single axle: 22,400 pounds;

(2) Tandem axle: 34,000 pounds;

v. Notwithstanding the above limitations, a combination of vehicles designed, built and used to transport other motor vehicles may carry a load which does not exceed 65 feet overall length, including load overhang. The overhang shall be limited to seven feet and may not exceed three feet at the front and four feet at the rear and that the overhang shall be above the height of the average passenger car;

vi. Notwithstanding the above limitations, no vehicle operated with a tandem trailer combination, commonly known as a “double bottom," with overall individual trailer length in excess of 28 feet six inches shall be operated on the Turnpike.

(d) In addition to the State Police, toll collection employees of the Authority are authorized to enforce the provisions of this section, and all persons shall comply with the orders of such employees given to prevent the use of the Roadway by any of the aforesaid prohibited vehicles.

(e) Where the Parkway has been divided in such a manner that there are three or more traffic lanes for traffic in any one direction, no vehicles except cars while not in a funeral cortege shall be driven in the farthest left lane except when and to the extent necessary to prepare for a left turn or when necessary to enter or leave the Parkway or service area by entrance or exit to or from the left lane or when reasonably necessary in response to emergency conditions or in conformance with motor vehicle laws.


HISTORY


HISTORY:


Amended by R.1972 d.37, effective February 25, 1972.


See: 4 New Jersey Register 14(b), 4 New Jersey Register 56(a).


Amended by R.1973 d.145, effective June 4, 1973.


See: 5 New Jersey Register 172(a), 5 New Jersey Register 247(d).


Amended by R.1974 d.227, effective January 1, 1975.


See: 6 New Jersey Register 209(c), 6 New Jersey Register 370(c).


Amended by R.1975 d.25, effective February 7, 1975.


See: 7 New Jersey Register 122(d).


Amended by R.1975 d.41, effective February 28, 1975.


See: 7 New Jersey Register 77(c), 7 New Jersey Register 185(a).


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


See: 9 New Jersey Register 56(a), 9 New Jersey Register 203(a).


Amended by R.1978 d.412, effective December 5, 1978.


See: 9 New Jersey Register 497(c), 11 New Jersey Register 53(b).


Amended by R.1981 d.520, effective January 18, 1982.


See: 13 New Jersey Register 751(b), 14 New Jersey Register 106(a).


(a)25: new text added for paragraph previously reserved.


Amended by R.1982 d.448, effective December 20, 1982.


See: 14 New Jersey Register 1087(a), 14 New Jersey Register 1464(c).


Added 26 to (a).


Amended by R. 1983 d.301, effective August 1, 1983.


See: 15 New Jersey Register 886(a), 15 New Jersey Register 1257(a).


Amended several length requirements.


Amended by R.1984 d.547, effective December 17, 1984.


See: 16 New Jersey Register 2517(a), 16 New Jersey Register 3458(a).


Deleted language “A red inspection ... or to persons”.


Amended by R.1986 d.271, effective July 7, 1986.


See: 18 New Jersey Register 935(a), 18 New Jersey Register 1402(b).


(a)12v deleted text “The total ... front or rear” and substituted “The overhang shall ... at the rear”.


Amended by R.1990 d.32, effective January 16, 1990.


See: 21 New Jersey Register 3272(b), 22 New Jersey Register 249(a).


Repealed regulation on school bus use of “Out-of-Service” sign pursuant to repeal of pertinent statute, see: P.L. 1989, c.36.


Amended by R.1992 d.211, effective May 18, 1992.


See: 24 New Jersey Register 931(a), 24 New Jersey Register 1905(c).


Revised (a)12iii.


Amended by R.1993 d.311, effective July 6, 1993.


See: 25 New Jersey Register 684(a), 25 New Jersey Register 2906(c).


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


See: 25 New Jersey Register 2839(b), 25 New Jersey Register 4605(a).


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


See: 26 New Jersey Register 337(a), 26 New Jersey Register 3463(a).


Amended by R.1997 d.455, effective November 3, 1997.


See: 29 New Jersey Register 3432(a), 29 New Jersey Register 4714(b).


In (a)21i, inserted the exception for Class 1 vehicles in tow.


Amended by R.1998 d.492, effective October 5, 1998.


See: 30 New Jersey Register 2835(a), 30 New Jersey Register 3661(a).


In (a), inserted “committed another violation of” preceding “a provision” in 22.


Amended by R.1998 d.520, effective November 2, 1998.


See: 30 New Jersey Register 2368(a), 30 New Jersey Register 3971(a).


In (a), added an exception at the end of 12iii, and rewrote 24.


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


See: 36 New Jersey Register 4415(a), 37 New Jersey Register 90(a).


Rewrote the section.


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).


Chapter Notes