LOW SPEED VEHICLES - New Jersey Law Revision Commission

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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 nonsignalized 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 lowspeed 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.
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