TRAFFIC SIGNS AND SIGNALS
39A:TSS-1. Official traffic control signals and signs
a. The COT:
(1) may determine the character, type, location, placement and operation
of all traffic control signal devices on the highways of this State. The COT may
determine the character, type, location, wording or symbol, and use of all traffic
signs on the highways of this State;
(2) may adopt a manual and specifications for a uniform system of traffic
control signals and signs consistent with this chapter for use upon public
highways in the State. The uniform system shall conform to the then-current
system as specified in the "Manual on Uniform Traffic Control Devices for
Streets and Highways" adopted by the Federal Highway Administrator as a
national standard; and
(3) shall promulgate regulations concerning the placement, specifications,
location and maintenance of highway and traffic signs and markings guided by
the current federal national standard.
b. Official traffic control signals shall be placed only by the authority of a public
body or official having jurisdiction and only for the purpose of regulating traffic.
c. Traffic signs shall be placed only by the authority of a public body or official
having jurisdiction and only for the purpose of regulating, warning or guiding traffic.
This subsection shall not prohibit public utility companies or other authorized persons or
companies from erecting temporary “MEN WORKING” signs to protect construction,
maintenance or repair work on or within a public highway, provided such signs conform
reasonably to the specifications in this chapter.
d. A person may not place or maintain on or in view of a highway, an
unauthorized traffic sign, device or contrivance which:
(1) Purports to be or is of a nature as to be mistaken for an official traffic
sign;
(2) Attempts to direct the movement of traffic; or
(3) Hides from view or interferes with the effectiveness of an official
traffic sign.
e. A person shall not place or maintain, nor shall a public authority permit, on any
highway, a traffic sign or signal or its support on which appears any commercial
advertising.
g. Subsections (d) and (e) shall not be deemed to prohibit the erection of signs, on
private property adjacent to highways, giving useful directional information and of a type
not likely to be mistaken for official signs.
h. A sign, device or contrivance prohibited by subsection (d) or (e) is a public and
private nuisance and a citizen may maintain a civil action for its removal. The sole
question of law and fact shall be whether it is in imitation of or likely to be mistaken for
an official traffic sign.
i. All signals and signs, whether initial installations or replacements, erected after
the effective date of this chapter, must conform to this chapter.
Source: 39:4-120; 39:4-120.1; 39:4-183.1; 39:4-183.2; 39:4-183.3; 39:4-183.4;
39:4-183.6; 39:4-183.27.
COMMENT
This section contains the substance of the original sections and consolidates them.
39A:TSS-2. Traffic lights
a. The colors red, amber and green shall be used for traffic signal lights. The
colors shall be shown in the following sequence: green displayed for a predetermined
number of seconds followed by amber for a reasonable time necessary for the clearance
of traffic, followed by red, followed by green. The timing and cycle of signal lights shall
be determined by the volume of traffic, counts of turning and through traffic and study of
turns, special intersections, distance between intersections and speeds permitted.
(1) Green means permission for traffic to go, subject to the safety of others
or the specific directions of an officer, official sign or special signal.
(2) Red means traffic must stop before entering the intersection or
crosswalk and remain standing until green is shown alone, unless otherwise
specifically directed to go by an officer, official sign or special signal. (right on
red?)
(3) Amber when shown following green means traffic must stop before
entering the intersection or nearest crosswalk, unless when the amber appears the
vehicle is so close to the intersection that it cannot be stopped safely. A distance
of 50 feet from the intersection is considered a safe stopping distance for a speed
of 20 m.p.h. Vehicles within that distance, which cannot be stopped safely, may
proceed across the intersection or make a right or left turn unless the turning
movement is specifically limited.
b. When a vertical arrangement of lights is used, red shall be placed at the top,
amber in the middle and green at the bottom. When the lights are placed horizontally, red
shall be at the left, amber in the middle and green at the right.
c. All other uses of green, red, amber or yellow lights located so as to be confused
with traffic signals shall be discontinued.
Source: 39:4-105; 39:4-106; 39:4-107; 39:4-109.
COMMENT
This section contains the substance of the original sections and consolidates them.
Subsection (a)(2) does not specifically address the permissible right on red and additional
language will be added as appropriate.
The language in (a)(3) concerning the safe stopping distance will be checked to make sure it is still
appropriate language. It is not clear how drivers should gauge their distance from the intersection.
39A:TSS-3. Height and visibility of traffic lights and signals
a. Traffic lights shall be plainly visible to approaching traffic at a distance of at
least 150 feet from the intersection. If within the curb line, they shall be placed at a
height between eight and 10 feet above the pavement. If on a bracket, mast arm or cable,
the light shall clear the pavement by 14½ feet.
b. A traffic light shall be of such power as to be visible for at least 300 feet.
c. Traffic control signals shall be plainly visible to all traffic to be regulated and
shall provide at least two indications for each approach at the intersection. At least one
signal face shall be to the right of, or over, the traffic it is intended to control to give an
unmistakable indication to traffic approaching and passing through the intersection area.
This shall be accomplished by means of posts, brackets, mast arms or cables.
d. A traffic signal shall not obstruct the paved width of the highway, nor shall
poles carrying signal supports be placed in pedestrian crosswalk lanes. A fixed raised
safety zone shall not be construed to be included in the paved width of the highway.
e. Each intersection on a continuously controlled highway shall be controlled by
signals or suitable signs. If traffic signals are not erected at every intersection the
highway shall not be deemed a continuously controlled highway.
Source: 39:4-110; 39:4-111; 39:4-112; 39:4-113; 39:4-114.
COMMENT
This section contains the substance of the original sections and consolidates them.
39A:TSS-4. Right or left turns; pedestrian intervals
a. The operator of a motor vehicle intending to turn:
(1) Right or left at an intersection where traffic is controlled by traffic
control signals or by an officer, shall proceed to make either turn with proper care
to avoid accidents and, except as provided in (2) below, only upon the "Go" signal
unless otherwise directed by an officer, an official sign or special signal; or
(2) Right at an intersection where traffic is controlled by a traffic control
signal shall, unless an official sign prohibits the same, proceed to make the turn
upon a "Stop" or "Caution" signal with proper care to avoid accidents after
coming to a full stop, observing traffic in all directions and yielding to all
pedestrians and other traffic traveling in a direction in which the turn will be
made. Both the approach and the turn shall be made as close as practicable to the
right-hand curb or edge of the highway, unless the intersection is otherwise
posted.
b. When approved by the COT at intersections where traffic is controlled by
traffic control signals:
(1) Special right or left turn movements may be provided by incorporating
an additional green arrow lens in the signal which designates the special right or
left turn movement by the direction of the arrow. When a green arrow lens is
incorporated in a traffic control signal and the signal is operating to control traffic
at an intersection, vehicles shall make turning movements in the direction of the
arrow only when the lens is illuminated.
(2) A special pedestrian interval may be provided by incorporating an
approved identification in the operation of a traffic control signal and pedestrians
shall cross the highway only when the indication is illuminated, while vehicles
and street cars shall stop and remain standing until the green is shown alone.
Source: 39:4-115; 39:4-116; 39:4-117.
COMMENT
This section contains the substance of the original sections and consolidates them.
39A:TSS-5. Beacon or flashing signal
a. Beacon or flashing signals may be erected on pedestals or posts or suspended
by means of mast arms or cables over the intersection, but the signal shall not be erected
within the travelable portion of a highway, except as provided in 39:4-114.
b. Traffic control signals and beacon or flashing signals when operating as
flashing mechanisms illuminated with rapid intermittent flashes shall conform to the
following:
(1) Flashing red shall require drivers to come to a complete stop before
entering or crossing the intersection. The driver shall proceed only after yielding
the right of way to all traffic on the intersecting street which is so close as to
constitute an immediate hazard.
(2) Flashing amber shall indicate the presence of danger and require
drivers to proceed only with caution.
Source: 39:4-118; 39:4-119.
COMMENT
This section contains the substance of the original sections and consolidates them.
39A:TSS-6. Form of traffic control signs
a. Permanent traffic signs should be made of metal or comparable durable
material; wood may be used for large signs and for temporary and seasonal signs; heavy
cardboard may be used for special occasions or emergencies.
b. The design of traffic signs shall conform to specifications adopted by the COT,
unless otherwise approved by the COT. Where conditions require greater visibility
necessitating a larger sign, standard shapes and colors shall be used, and standard
proportions retained, so far as practicable. This shall not be deemed to prohibit the
erection of enlarged bridge type signs or narrow longitudinal type signs suspended from
mast arms over the highway.
c. Wording and arrangement for each type of traffic sign shall be as specified in
this chapter with symbols on the sign taking the place of a word message wherever
indicated. When messages or symbols other than those provided for are required, the
signs shall be the same shape and color as standard signs of the same functional type.
d. Signs, other than temporary signs in the highway, shall be placed on the right
side of the highway or over the highway, except traffic signs erected on or within traffic
circles, islands and safety zones. All signs shall be mounted approximately at right
angles to the direction of, and facing the traffic that they are intended to serve.
e. All traffic signs shall be kept in good order and clearly legible at all times.
Signs damaged or destroyed shall be replaced promptly and signs no longer applicable
shall be removed immediately.
Source: 39:4-183.8; 39:4-183.9; 39:4-183.10; 39:4-183.12; 39:4-183.15.
COMMENT
This section contains the substance of the original sections and consolidates them.
39A:TSS-7. Illumination and reflectorization of traffic signs
a. All warning and regulatory signs, except pedestrian signs, urban parking signs
and signs having significance only during daylight hours, shall be illuminated or
reflectorized to be visible during hours of darkness from distances up to 500 feet. Other
traffic signs may be illuminated or reflectorized if desirable.
b. All illumination shall be by white light, except that a flashing light incorporated
in a sign installation shall be yellow when displayed with a warning sign or red when
displayed with a stop sign, and shall be provided by means of:
(1) A light, within or behind the sign, illuminating the main message or
symbol, or luminous tubing shaped to the lettering or symbol; or
(2) An attached or independently mounted flood light or flood lights,
directed on the face of the sign.
c. Reflectorization of traffic signs shall reflect white light, except that if a
reflecting coating is used as a background of a yellow sign it shall reflect yellow light,
and shall be provided by means of:
(1) Reflector buttons or units set into the symbol or message;
(2) Reflecting coatings, either on the sign background or, where a black
background or panel is used, in the symbol or message.
Source: 39:4-183.11
COMMENT
This section is substantially identical to the source section.
39A:TSS-8. Traffic control devices at intersections in counties or municipalities
a. A county or municipality in which a dangerous intersection has been
established by reason of the construction of a State highway within its territorial limits
may apply to the State Highway Commissioner for installation and maintenance of traffic
lights at such intersection. After an application is made, the COT shall conduct a proper
investigation and survey concerning the traffic hazards at the intersection and may install
and maintain traffic lights at an appropriate intersection. The installation of traffic lights
pursuant to this section shall receive the approval of the COT.
b. The State Highway Commissioner may expend such money as necessary to
install and maintain traffic lights at the places mentioned in (a) above, which money is to
be withdrawn from funds appropriated to the COT from the state highway fund.
c. Upon approval by the DOT of a request by a county or municipality for the
installation, alteration or maintenance of a traffic control device on a county or municipal
street or highway, the county or municipality may enter into an agreement with the COT
for the DOT to perform the work or contract for the installation, alteration or
maintenance at the expense of the county or municipality.
Source: 39:4-121.1; 39:4-121.2; 39:4-121.3.
COMMENT
This section contains the substance of the original sections and consolidates them.
In subsection (a), in the second sentence, the word “cause” was replaced with “conduct”.
39A:TSS-9. Use of flashing signals by municipalities
a. Subject to 39:4-8 and 27:1A-43 et seq., a municipality may determine the
operation of any approved traffic control device as a flashing mechanism on municipallyowned and maintained streets and roads during the off-peak hours between 10 p.m. to 6
a.m. of any day of the week.
b. A municipality seeking to enact an ordinance, regulation or resolution under
this section shall first submit written information to the COT indicating the location of
the traffic control device where the use of flashing signals is requested, the intended
hours of operation, data as to the traffic volume at, and the site distances from, each
intersection, each location, and any other information requested by the Commissioner.
c. Any ordinance, regulation or resolution adopted hereunder shall become
effective on the 90th day following enactment unless disapproved before that time by the
COT; provided that the COT received a certified copy of the ordinance, regulation or
resolution, as the case may be, within five days of its enactment.
Source: 39:4-120.2; 39:4-120.3; 39:4-120.4.
COMMENT
This section contains the substance of the original sections and consolidates them.
39A:TSS-10. Traffic lights at the location of suburban fire engine houses
The State Highway Commissioner, after proper investigation and survey, subject
to the approval of the COT, may install and maintain traffic lights on State roads in
suburban districts wherever a fire engine house is located on or within 1000 feet of such
road. The investigation and survey must clearly indicate a special hazard existing
because of heavy traffic congestion or traffic speed on the road at the locality in question.
Source: 39:4-121.
COMMENT
This section is substantially identical to the original.
39A:TSS-11. Traffic signals at school crossing intersections
a. A municipality may, upon the request of a board of education or the governing
body of a private school, provide by resolution for the installation of a traffic control
device or sign consistent with the current federal national standards to regulate motor
vehicle traffic at an intersection located within 300 feet of a public or private school.
b. Before installation, the municipal or county engineer shall, under seal as a
licensed professional engineer, certify to the governing body that the traffic control or
device has been approved by the engineer after an investigation of the circumstances.
c. Before a resolution takes effect, the governing body shall submit a copy to the
COT for review and approval with detailed information as to the location of streets,
intersections and signs affected by any installation, and traffic court, accident and speed
sampling data when appropriate, the municipal or county engineer's certification as
described in subsection (b) above, and any other information as the COT may require.
d. If the COT disapproves the resolution, the COT shall file with the governing
body a written disapproval with a statement of reasons within 90 days following receipt
of the resolution. If the COT approves the resolution or fails to file a written disapproval
within the 90-day review period, the resolution shall take effect immediately.
e. For the purposes of this section, the term "public or private school" has the
meaning that term is given in 18A:1-1.
Source: 39:4-183.1a.
COMMENT
This section is substantially identical to the original.
39A:TSS-12. Specific traffic signs
a. Railroad: The COT shall, upon receiving notice from a railroad company that it
has abandoned a particular line and the grade crossings thereon, order the removal of any
advance warning signs for those crossings.
b. Construction: The design and location of standard construction warning signs
shall:
(1) Be rectangular with longer dimension horizontal;
(2) Have a white background and black letters;
(3) Be four feet by six feet, or larger for higher approach speeds;
(4) Include the words “Construction Ahead” or other appropriate wording,
the distance over which the warning applies, and the approved speed limit;
(5) Where construction work is in progress within the highway area, be
located on each side of the highway, facing approaching traffic, 500 feet to 1,000
feet in advance of the beginning of the construction area, the distance depending
on the approach speeds on that highway.
c. Location and information: Location and information signs shall conform to the
design and specifications adopted by the COT.
Source: 39:4-183.21; 39:4-183.21a; 39:4-183.24.
COMMENT
This section contains the substance of the original sections and consolidates them.
39A:TSS-13. Curb and pavement markings
a. Markings shall be placed only by authority of a public body or official having
jurisdiction, and only for the purpose of regulating, warning or guiding traffic. Markings
shall be uniform in design, position and application. The Commissioner may adopt a
uniform system of markings consistent with this chapter for use upon public highways
within the State that shall correlate with and so far as possible conform to the current
federal national standard.
b. Markings shall be of the following types:
(1) Pavement: including lines and word markings on the pavement;
(2) Curb: markings for parking prohibitions;
(3) Object: including objects within and adjacent to the highway; and
(4) Reflector: including reflector buttons, panels, delineators or similar
devices, within or adjacent to the highway.
c. Markings may be reflectorized, and all obstructions within the highway shall be
properly illuminated or reflectorized. The following markings shall normally be
reflectorized:
(1) Center lines on pavement;
(2) "No Passing" lines;
(3) Striping or checkerboard squares on vertical surfaces of obstructions in
or adjacent to the highway; and
(4) Reflector markers.
d. The use of words painted on the pavement shall be limited to very brief
warning messages expressed in the shortest possible words. Regulatory messages may be
used, but only in support of standard signs. All letters should be greatly elongated in the
direction of traffic movement.
Source: 39:4-191.1; 39:4-191.2; 39:4-191.6; 39:4-191.7.
COMMENT
This section contains the substance of the original sections and consolidates them.
39A:TSS-14. Safety zones and traffic islands
a. Safety zones and traffic islands shall be established and installed only by
authority of a public body or official having jurisdiction, and for the purpose of
regulating, segregating or guiding traffic.
b. Safety zones shall include loading and refuge islands and traffic islands shall
include divisional and channelization islands.
c. The location, design and protection of safety zones and traffic islands shall
conform to the specifications adopted by the Director.
Source: 39:4-196.1; 39:4-196.2; 39:4-196.3.
COMMENT
This section contains the substance of the original sections and consolidates them.
39A:TSS-15. Older and mobility impaired persons crossing areas
The COT, regarding State highways, may by regulation and the local authorities,
regarding any highway under their jurisdiction may, by ordinance or resolution, subject to
the approval of the COT designate "Older and Mobility Impaired Persons Crossing" areas
and erect appropriate signs.
Source: 39:4-183.1b.
COMMENT
This section is substantially identical to the original.
39A:TSS-16. Public-private intersections
a. "Private road open to the public" means a private road leading from an
establishment open to the public including a shopping center, restaurant, movie theater or
arena. "Public-private intersection" means the intersection of a private road open to the
public with a highway.
b. The owner of a private road open to the public which forms a public-private
intersection may erect an official traffic control device at the public-private intersection
after obtaining the required approval. All official traffic control devices shall conform to
the same specifications as those regulating intersections.
c. Where the public-private intersection contains a State highway, the COT by
regulation shall approve the erection of an official traffic control device. Where the
public-private intersection contains a highway under the jurisdiction of local authorities,
the local authorities by ordinance or resolution shall approve the erection of an official
traffic control device, subject to the approval of the COT. The COT by appropriate order
may withdraw an official traffic control device from a public-private intersection.
d. The owner of a private road open to the public shall obtain, install and maintain
any official traffic control device at a public-private intersection.
e. The driver of a motor vehicle shall observe and obey an official traffic control
device erected at a public-private intersection in the same manner as those erected at any
other intersection. For a violation of this section, the offender shall be subject to the
same penalties as exist in connection with violations at public intersections.
f. The COT may promulgate regulations to effectuate the purposes of this section.
Source: 39:4-120.5; 39:4-120.6; 39:4-120.7; 39:4-120.8; 39:4-120.9; 39:4-120.10;
39:4-120.11.
COMMENT
This section contains the substance of the original sections and consolidates them.