BICYCLES, ROLLERSKATES AND SKATEBOARDS

Transcription

1 39A:BRS-1. Definitions BICYCLES, ROLLERSKATES AND SKATEBOARDS a. "Bicycle" means a vehicle with two wheels propelled solely by human power and having pedals, handle bars and a saddle-like seat. The term shall include a bicycle for two or more persons having seats and corresponding sets of pedals arranged in tandem. As used in this act "bicycle" means any two-wheeled vehicle having a rear drive wheel which is solely human-powered and having a seat height of 25 inches or greater when the seat is in the lowest adjustable position. b. "Director" means the Director of Consumer Affairs in the Department of Law and Public Safety. c. "Roller skates" means a pair of devices worn on the feet with a set of wheels attached, regardless of the number or placement of those wheels, and used to glide or propel the user over the ground. d. Skateboard means Source: 39:4-10.1; 39:4-10.5; 39: This section contains the substance of the source sections and consolidates them. A definition of skateboard will be added. 39A:BRS-2. Helmets required for bicycle, skateboard and rollerskate use a. A person under 17 shall not operate or ride upon a bicycle or operate any rollerskates or skateboard unless that person is wearing a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute (ANSI Z90.4 bicycle helmet standard), the Snell Memorial Foundation's 1990 Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing and Materials (ASTM) standard. This requirement applies to a person who rides upon a bicycle in a restraining seat attached to the bicycle or in a trailer towed by the bicycle. b. The requirement in subsection (a) of this section shall apply for bicycling at all times while a bicycle is being operated on a property open to or used by the public for pedestrian and vehicular purposes; however, a municipality may by ordinance exempt from this requirement a person operating or riding on a bicycle when the bicycle is operated: (1) on a highway closed to motor vehicle traffic and limited to pedestrian or bicycle use at all times or only during specified periods of time during which bicycles may be operated; or (2) exclusively on a trail, route, course, boardwalk, path or other area set aside for the use of bicycles or for the use of pedestrians and bicycle operation is not otherwise prohibited. An exemption may not be granted under this paragraph for any area immediately adjacent to a highway used by motor vehicle traffic

2 which does not contain a barrier of sufficient height and rigidity to prevent the entry of a bicycle operator onto the highway. c. An ordinance enacted pursuant to subsection (b) shall specify the roads, highways, trails, routes, courses, boardwalks, paths or areas within the municipality where helmets are not required during the operation of a bicycle. d. When a bicycle is being operated in an area where bicycle helmets are not required, the operator or passenger, except a passenger in a restraining seat or trailer, shall dismount from the bicycle and walk whenever it is necessary to enter a crosswalk or to cross a highway upon which motor vehicle traffic is permitted. e. The requirement in subsection (a) shall apply for rollerskating and skateboarding at all times while a person subject to this section is operating roller skates or skateboarding on any property open to the public or used by the public for roller skating or skateboarding. Source: 39:4-10.1; 39:4-10.2; 39: This section contains the substance of the original sections and has been consolidated. 39A:BRS-3. Violation of helmet requirement a. The Chief Administrator shall publish a list of bicycle helmets which meet the standards described in subsection 39A:BRS-2(a) and provide for its distribution in as many locations frequented by the public as the Chief Administrator deems appropriate and practicable. b. A person who violates 39A:BRS-2 shall be warned of the violation by the enforcing official. The parent or legal guardian of that person also may be found guilty of a class E offense for a first violation, and a class D offense for a subsequent violation if it can be shown that the parent or guardian failed to exercise reasonable supervision or control over the person's conduct. Penalties may be waived if an offender or the parent or legal guardian presents suitable proof that an approved helmet was owned at the time of the violation or has been purchased since the violation occurred. c. Money collected as fines under this section shall be deposited in a nonlapsing revolving fund known as the "Bicycle and Skating Safety Fund." Interest earned on money in the fund shall accrue to the fund. Money in the fund shall be used by the Chief Administrator to provide educational programs devoted to bicycle, roller skating and skateboarding safety. If the Chief Administrator determines that sufficient money is available in the fund, the Chief Administrator may, as prescribed regulation, use the money to assist low income families in purchasing approved bicycle helmets. For this subsection, "low income family" means a family which qualifies for low income housing under the standards promulgated by the Council on Affordable Housing pursuant to C.52:27D-301 et seq. d. The failure of any person to comply with 39A:BRS-2 shall not constitute negligence per se, contributory negligence or assumption of risk, and shall not in any way bar, preclude or foreclose an action for personal injury or wrongful death by or on behalf of such person (not included in bicycle section, only skate).

3 Source: 39:4-10.1; 39:4-10.2; 39:4-10.5; 39:4-10.6; 39: Subsection (b) designates penalties according to the new penalty classification system contained in 39A:44-GP1. The penalties for bicycles are not an exact match for skateboard penalties in the original statutes, but have been drafted as the same here. If necessary, this will be modified. The language regarding the fund is probably more appropriately located in the Fund chapter and will be moved. 39A:BRS-4. Requirements for those in the business of selling or renting bicycles a. A person or business entity regularly engaged in the business of selling or renting bicycles, rollerskates or skateboards shall post a sign at the point where the sale or rental transaction is completed stating: "STATE LAW REQUIRES A BICYCLE RIDER UNDER 17 YEARS OF AGE TO WEAR A HELMET" or "STATE LAW REQUIRES A PERSON UNDER 17 YEARS OF AGE TO WEAR A HELMET WHEN ROLLERSKATING OR SKATEBOARDING", as appropriate. The sign shall be at a minimum 15 inches in length and 8 inches in width. This notification requirement shall not apply to a seller when the bicycle, rollerskates or skateboard is sold other than by an in-person transaction. b. A person or business entity who fails to post the required sign is subject to a penalty not to exceed $25 a day for each day the business is open to the public and the sign is not posted. The enforcement of this section is vested in the Director of the Division of Consumer Affairs of the Department of Law and Public Safety, inspectors appointed by that Director, and the police, peace officers, or inspectors appointed for this purpose by a municipality, a county or the State. Jurisdiction of proceedings to collect the penalties prescribed by this section is vested in the Superior Court and the municipal court in a municipality where the defendant is apprehended or resides. Process shall be executed in a summary manner pursuant to N.J.S. 2A:58-1 et seq. c. A person or business entity regularly engaged in the business of renting bicycles, rollerskates or skateboards shall provide a helmet to a person under 17 years of age who will operate or ride in an area where a helmet is required, if the person is not in possession of a helmet. A fee may be charged for the helmet rental. d. A person or business entity regularly engaged in the business of selling or renting bicycles, rollerskates or skateboards who complies with the requirements of this section shall not be liable in a civil action for damages for any physical injury sustained by the bicycle operator or passenger or the rollerskater or skateboarder under the age of 17 as a result of the operator's or passenger's failure to wear a properly fitted or fastened helmet in violation of this section. e. The provisions of this chapter concerning the sale or rental of a bicycle shall not apply to the sale or rental of a bicycle by a person not regularly engaged in the business of selling or renting bicycles and where the bicycle was obtained by the person making the sale or rental for that person s own use. Source: 39:4-10.3; 39:4-10.9; 39:

4 This section contains the substance of the original sections and has been consolidated. 39A:BRS-5. Sale of rollerskates or skateboards and protective gear warning a. It shall be unlawful to manufacture, assemble, sell, offer to sell or distribute rollerskates, skateboards or electric personal assistive mobility devices without a warning notice consistent with the requirements of this section. b. The warning notice shall be placed in at least one of the following locations and shall be clearly visible to the consumer: (1) on one roller skate in each pair of rollerskates or on the skateboard; (2) on the outside of the box or other container in which the rollerskates, skateboard or electric personal assistive mobility device are offered for sale at retail; or (3) on any user's guide or instruction manual provided with the rollerskates, skateboard or electric personal assistive mobility device. c. The warning notice must be printed in clear and conspicuous type and be substantially similar to the following: "WARNING! REDUCE THE RISK OF SERIOUS INJURY AND ONLY USE WHILE WEARING FULL PROTECTIVE GEAR-- HELMET, WRIST GUARDS, ELBOW PADS AND KNEE PADS." d. A person, form, corporation or other legal entity regularly engaged in the business of manufacturing or assembling rollerskates, skateboards or electric personal assistive mobility devices who complies with the requirements of this section shall not be liable in a civil action for damages for any physical injury sustained by a user of rollerskates, a skateboard or an electric personal assistive mobility device as a result of that user's failure to wear a helmet in accordance with this chapter. Source: 39: This section is substantially identical to the original. 39A:BRS-6. Rights and duties of rollerskaters and skateboarders a. A person operating rollerskates or a skateboard upon a highway shall be granted all of the rights and subject to all of the duties applicable to the driver of a vehicle by chapter four of Title 39 of the Revised Statutes, except those provisions which by their nature can have no application. b. Regulations applicable to rollerskates and skateboards shall apply whenever a person operates any rollerskates or skateboard upon a highway or upon any path set aside for the exclusive use of rollerskates or skateboards subject to the exceptions stated in (a). c. The governing body of a municipality may, by ordinance, regulate the operation of rollerskates and skateboards upon highways and public properties under municipal jurisdiction; provided that no such ordinance shall: (1) Absolve a person operating rollerskates or a skateboard upon a permitted highway of any of the duties applicable to the operator of a bicycle pursuant to Article 3 of chapter 4 of Title 39 of the Revised Statutes, except the provisions which by their nature can have no application;

5 (2) Prohibit a person from operating a skateboard upon any public highway, except those specifically designated by ordinance. d. Nothing in this chapter shall obligate the Commissioner of Transportation to maintain, plan, design or construct highways to accommodate the operation of rollerskates or skateboards. e. A person operating rollerskates or a skateboard upon a highway shall ride as near to the right side of the highway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction; provided that a person may move to the left under any of the following situations: (1) To make a left turn from a left-turn lane or pocket; (2) To avoid debris, drains or other hazardous conditions that make it impracticable to ride at the right side of the highway; (3) To pass a slower moving vehicle; (4) To occupy an available lane when traveling at the same speed as other traffic; or (5) To travel no more than two abreast when traffic is not impeded. f. Persons operating rollerskates or skateboards upon a highway may travel no more than two abreast when traffic is not impeded, but otherwise shall ride in single file, except on paths or parts of highways set aside for the exclusive use of bicycles, rollerskates or skateboards. g. The provisions of this chapter shall not apply to operators and patrons of rollerskating rinks governed by the "New Jersey Roller Skating Rink Safety and Fair Liability Act," 5:14-1 et seq. Source: 39: ; 39: a; 39: b; 39: ; 39: This section contains the substance of the original sections and has been consolidated. 39A:BRS-7. Required equipment for bicycles a. A bicycle in use from dusk until dawn shall be equipped with a lamp on the front which emits white light visible from a distance of at least 500 feet to the front, and with a lamp on the rear which emits red light visible from a distance of at least 500 feet to the rear. A red reflector approved by the Commission may also be mounted on the rear which shall be visible between 50 feet and 300 feet to the rear when directly in front of the head lamps on a motor vehicle. b. A person shall not operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, but a bicycle shall not be equipped with, nor shall a person use upon a bicycle, any siren or whistle. c. Every bicycle shall be equipped with a brake that will enable the operator to make the braked wheels skid on dry, level, clean pavement.

6 d. No person shall sell or offer to sell, or rent or offer to rent, whether it be by retail, wholesale or by auction, any bicycle manufactured on or after June 1, 1976 unless the bicycle is equipped with front, rear and pedal reflectors and either (a) side reflectors; or (b) retroreflective tire sidewalls which form a continuous circle on each sidewall, in order to permit recognition and identification under illumination from motor vehicle headlamps. Such front, rear, pedal and side reflectors shall be colored and mounted in conformity with regulations promulgated by the Director of the Division of Consumer Affairs. e. No person shall sell or offer to sell at retail any bicycle unless there is affixed to that bicycle a statement promoting the use of helmets by bicycle riders. If a bicycle is sold unassembled, the statement shall be displayed in a prominent manner on the carton or package containing the unassembled bicycle. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall provide that the affixing of the warning cards "This Bike Is Missing One Part," designed by the New Jersey Coalition for Prevention of Developmental Disabilities and funded by the Office for the Prevention of Mental Retardation and Developmental Disabilities in the Department of Human Services, to a bicycle offered for sale at retail shall fulfill the requirements of this subsection and that those warning cards shall be readily available to the retail sellers of bicycles at cost. Source: 39:4-10; 39:4-11; 39:4-12; 39:4-14.4; 39:4-14.4a; 39:4-14.7a. This section contains the substance of the original sections and has been consolidated. The terminology in subsection (e) may no longer be current and will be updated. 39A:BRS-8. Operation of bicycles a. A person riding a bicycle upon a highway shall be granted all of the rights and subject to all of the duties applicable to the driver of a vehicle by chapter four of Title 39 of the Revised Statutes except the provisions which by their nature can have no application. b. Regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated in (a). c. A law enforcement officer operating a bicycle while in the performance of the officer s duty, and engaged in the apprehension of violators of the law or of persons charged with, or suspected of, a violation is not be subject to this section. d. A person operating a bicycle upon a highway shall ride as near to the right side of the highway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction; provided that a person may move to the left under any of the following situations: (1) To make a left turn from a left-turn lane or pocket; (2) To avoid debris, drains or other hazardous conditions that make it impracticable to ride at the right side of the highway;

7 (3) To pass a slower moving vehicle; (4) To occupy any available lane when traveling at the same speed as other traffic; or (5) To travel no more than two abreast when traffic is not impeded. e. Persons riding bicycles upon a highway may travel no more than two abreast when traffic is not impeded, but otherwise shall ride in single file except on paths or parts of highways set aside for the exclusive use of bicycles. f. A person propelling or riding on a bicycle shall not ride other than upon a permanent and regular attached seat, nor shall a person ride with that person s feet removed from the pedals, or with both hands removed from the handlebars, nor shall the person practice any trick or fancy riding in a street. A bicycle shall not be used to carry more persons at one time than the number for which it is designed and equipped. g. A person riding upon a bicycle, coaster, skates, sled, or toy vehicle may not attach that item or him- or herself to a vehicle upon a highway and no operator of a vehicle shall knowingly allow any person riding upon a bicycle, coaster, skates, sled or toy vehicle to attach that item of him- or herself to the vehicle. Source: 39:4-12; 39:4-14; 39:4-14.1; 39: This section contains the substance of the original sections and has been consolidated. 39A:BRS-9. Miscellaneous provisions a. Except as otherwise provided by this chapter, a person who violates a provision of this chapter shall be subject to a fine not exceeding $200 or imprisonment for a term not exceeding 15 days or both. [class C] b. Any person who shall violate any of the provisions of this act shall be subject to a fine of not more than $50 for a first offense and a fine of $100 for each subsequent offense. [classes E and D] c. The Chief Administrator shall use a portion of the fund established pursuant to C. 39:4-14.3v for the purpose of providing an educational program for the safe operation of bicycles. d. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety may adopt regulations covering the types of equipment and the specifications therefor, including the color and mounting thereof, in accordance with Federal standards regulating bicycles promulgated by the Consumer Product Safety Commission entitled "Requirements For Bicycles" (16 CFR Part 1512) and pursuant to the Federal Hazardous Substances Act (15 U.S.C. 1261, et seq.) and any amendatory or supplemental acts or regulations promulgated thereto. e. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall, pursuant to the provisions of the "Administrative Procedure Act", promulgate regulations to effectuate the purposes of this chapter.

8 f. The enforcement of this chapter shall be vested in the Director of the Division of Consumer Affairs of the Department of Law and Public Safety, the inspectors appointed under the Director s authority, and the police, peace officers or inspectors duly of a municipality, county or the State. Jurisdiction of proceedings to collect the penalties prescribed by this act is vested in the Superior Court and the municipal court in any municipality where the defendant may be apprehended or reside. Process shall be prosecuted in a summary manner pursuant to N.J.S.2A:58-1 et seq. Source: 39:4-14.3a; 39:4-14.3v1; 39:4-14.7; 39:4-14.7a; 39:4-14.8; 39: The penalty provisions of this section must be rationalized since they are contradictory.

9 MOTORIZED BICYCLES 39A:MB-1. Location where motorized bicycles may be operated a. Motorized bicycles shall not be operated upon interstate highways or upon public highways divided by a grass or concrete median or highways with posted speed limits in excess of 50 miles per hour or upon the railroad or right-of- way of an operating railroad within the State of New Jersey or upon any public land where expressly prohibited by the governing body, department or agency having jurisdiction thereof. b. The Chief Administrator may adopt regulations prohibiting the operation of motorized bicycles on a public highway with a speed limit in excess of 40 miles per hour, which in the Chief Administrator s discretion are hazardous for the operation of motorized bicycles or permitting the operation of motorized bicycles on any public highway, upon which the operation of motorized bicycles is otherwise prohibited by this section, which in the Chief Administrator s discretion are safe for the operation of motorized bicycles. In no case shall the Chief Administrator adopt a regulation permitting motorized bicycles to be operated on any highway with a posted speed in excess of 50 miles per hour. c. A municipality shall not limit or otherwise restrict the operation of motorized bicycles on any public highways under its jurisdiction in contravention of this section or any applicable regulations. Source: 39: This section contains the substance of the original section. 39A:MB-2. Requirements upon sale of motorized bicycle a. At the time of original sale of a motorized bicycle in this State, a motorized bicycle dealer shall complete an approved form which shall contain the following information: (1) The year of manufacture, make, model, color, and unladen weight of the motorized bicycle; (2) The United States Department of Transportation head tag serial number of the motorized bicycle; (3) The name, street address, and age of the purchaser of the motorized bicycle; (4) The business name and address of the motorized bicycle dealer from whom the bicycle was purchased; (5) The amount of New Jersey sales tax collected by the dealer; (6) The motorized bicycle dealer's New Jersey sales tax authorization number; (7) Signatures of both the motorized bicycle dealer and the purchaser;

10 (8) The month, day and year of sale; (9) The name of the insurer of the motorized bicycle and the policy number; and (10) Any other information required by the Chief Administrator. b. The dealer shall retain one copy of the form and present the other two to the purchaser. The form shall constitute temporary registration for the vehicle for a period of 20 days from the date of purchase provided that the purchaser complies with all other laws and regulations regarding operation of motorized bicycles. c. The dealer shall issue the purchaser temporary license plates to be displayed on the motorized bicycle until permanent registration is completed and a motorized bicycle license plate is issued. d. Within 20 days the purchaser shall present one copy of the form to the Commission, together with any additional required information, pay the requisite fee and register the motorized bicycle in the manner provided in this chapter. e. For motorized bicycles purchased prior to June 11, 1984 and for which no bill of sale or other formal proof of ownership is available, the Chief Administrator may accept as proof of ownership a sworn affidavit from the owner, setting forth with reasonable specificity facts regarding the acquisition of ownership, together with any supporting documents. A person who knowingly submits a false bill of sale, false receipt for purchase, or any other false proof of ownership, or who knowingly submits any false affidavit or false supporting document regarding proof of ownership of a motorized bicycle, commits a crime of the fourth degree. Source: 39:4-14.3j; 39:4-14.3p. This section contains the substance of the original sections and was consolidated. 39A:MB-3. Documentation required for operation of motorized bicycles a. A person shall not operate a motorized bicycle unless in possession of a valid driver's license of any class or a motorized bicycle license, which shall be issued by the MVC to a person 15 or older, upon proof of identity and date of birth, and after the person has passed a satisfactory examination as to ability as an operator. The examination shall include a test of the applicant's knowledge of the mechanism of motorized bicycles as is necessary to insure their safe operation and of the laws and ordinary usages of the road and a demonstration of ability to operate a motorized bicycle. b. The demonstration of an applicant's ability to operate a motorized bicycle shall be administered at such municipalities that the MVC shall designate, under the supervision of the MVC or an authorized agent, in accordance with the applicable regulations. c. The Chief Administrator may issue a learner's permit to a person 15 or older, upon proof of identity and date of birth, allowing such person to operate a motorized bicycle during daylight hours without supervision for a period not to exceed 45 days to prepare to become a licensed motorized bicycle driver. The permit shall be sufficient

11 authorization for the person to operate a motorized bicycle. No permit shall be issued unless the applicant pays $5 to the MVC or an authorized agent. d. A valid driver's license, insurance identification card, and registration certificate shall be in the possession of the operator at all times when operating a motorized bicycle with motor engaged on the highways of this State. The operator shall exhibit a driver's license upon request of a police officer or magistrate so the officer may determine the identity of the licensee, the correctness of the registration certificate, and the correctness of the evidence of a policy of insurance. Violation of this subsection is a class E offense. If a person charged with a violation of this subsection can exhibit a valid driver's license, insurance identification card, and registration certificate, which were valid on the day the person was charged, to the judge of the municipal court before whom the operator is summoned to answer to the charge, the judge may dismiss the charge but may impose court costs. e. Every owner of a motorized bicycle principally garaged or operated in this State and every person in the business of renting motorized bicycles shall maintain liability insurance coverage, under provisions approved by the Commissioner of Insurance, insuring against loss resulting from liability imposed by law for bodily injury, death and property damage sustained by any person arising out of the ownership, operation or use of a motorized bicycle. The Commissioner of Insurance, in consultation with the Chief Administrator, shall by regulation fix the amounts and limits of coverage of, and requirements for, such insurance. f. A motorized bicycle shall not be operated on the public highways or public lands of this State unless registered by the owner. The Chief Administrator may grant a registration to the owner of a motorized bicycle who is at least 15, upon submission of a proper application and payment of the fee if the motorized bicycle is of a type approved by the Chief Administrator. The form and contents of the registration certificate shall be prescribed by the Chief Administrator, who shall maintain a record of all certificates issued and their contents. The fee for the initial registration of a motorized bicycle and for each annual renewal is $8. The registration shall expire and the certificate become void on the last day of the 11th calendar month following the calendar month in which it was issued, except the Chief Administrator may suspend or revoke a registration for a violation of this chapter or an applicable regulation. Registration certificates shall be issued on and after the first day of the calendar month immediately preceding the commencement of the registration period, to be effective immediately. Application forms for renewals of registrations shall be mailed by the Chief Administrator to the last address of the owner of a motorized bicycle as it appears on the Commission s records. The registration requirements shall not apply to a nonresident motorized bicycle owner who has complied with the registration and licensing laws of the state of residence, if the motorized bicycle is appropriately identified in accordance with the laws of that state. g. At the time of issuance of the registration, the Chief Administrator shall also issue to the registrant, at no additional cost, a motorized bicycle license plate to be attached to the bicycle by the registrant. Each plate shall contain a clearly visible license number assigned by the Chief Administrator and shall bear the insignia "MOPED" in clear lettering. The license plate number shall be contained on the certificate of registration.

12 h. Article 15 of chapter 4 of Title 39 of the Revised Statutes pertaining to accidents and reports is applicable to all accidents involving motorized bicycles. A law enforcement officer investigating an accident in which a motorized bicycle is involved shall report the accident to the MVC. The report shall include information relating to the cause of the accident and extent of any injury to the operator and such other information as may be required. Source: 39:4-14.3; 39:4-14.3d; 39:4-14.3e; 39:4-14.3f; 39:4-14.3i; 39:4-14.3j; 39:4-14.3k; 39:4-14.3o. This section contains the substance of the original sections and has been consolidated. Subsection (d) designates the penalty according to the new penalty classification system contained in 39A:44-GP1. 39A:MB-4. Operation of motorized bicycles a. Motorized bicycles shall not be operated by a person under 15. b. A motorized bicycle shall carry only the operator. c. No person shall operate a motorized bicycle in this State unless a license plate is displayed in accordance with the license plate provisions applicable to motorcycles. d. No person shall operate a motorized bicycle unless he wears a protective helmet of a type approved by the Chief Administrator. e. Unless otherwise determined by the Chief Administrator, statutes and regulations applicable to bicycles apply whenever a motorized bicycle is operated upon any highway or any public land. f. A person operating a motorized bicycle upon a public highway is subject to all of the duties applicable to the driver of a vehicle by chapter 4 of Title 39 and 2C:11-5. g. It is unlawful for a person to operate a motorized bicycle while under the influence of intoxicating liquor, or a narcotic, hallucinogenic or habit-producing drug. A person who violates this subsection is subject to the same penalties as provided in 39:4-50 for conviction of operating a motor vehicle while under the influence of any such substance. In a prosecution for a violation of this section, the presumptions, consent and procedures set forth in 39: and 39: to 39: are applicable. h. A person under 17 who commits a second violation of the provisions of 39: or 39:4-14.3a et seq. or any other provision of chapter 4 of Title 39 shall have the privilege to operate a motorized bicycle suspended for a period of 30 days from the date of conviction. For a subsequent violation a person shall have the privilege to operate a motorized bicycle suspended until the age of 17. i. An operator of a motorized bicycle who is convicted of a violation of 39:4-66 concerning operation of a vehicle when emerging from an alley, driveway, garage, or private road or driveway or 39: concerning operation of a vehicle when entering an alley, driveway, garage, or private road or driveway from a highway shall be subject to the penalties in 39:4-203.

13 Source: 39:4-14.3; 39:4-14.3d; 39:4-14.3g; 39:4-14.3h; 39:4-14.3m; 39:4-14.3q; 39:4-14.3x. This section contains the substance of the original sections and was consolidated. 39A:MB-5. Removal, destruction, theft or transfer a. When a motorized bicycle for which a registration certificate has been issued has been permanently removed from the State, the owner shall notify the Chief Administrator in writing within 10 days. b. When a motorized bicycle for which a registration certificate has been issued has been destroyed, stolen, or its use discontinued, the owner shall notify the Chief Administrator in writing, sign and execute the registration certificate, and return it to the Chief Administrator within 10 days. c. When there is a transfer of ownership of a motorized bicycle for which a registration certificate has been issued, the owner shall sign over the registration to the purchaser. The new owner shall apply to the Chief Administrator for a new registration certificate and license plate and return the original registration certificate and license plate with the application. The new owner shall not operate the motorized bicycle until the new registration is completed. The application form for registering a motorized bicycle whose ownership has been transferred shall contain the same information contained in the application completed by a motorized bicycle dealer at the time of original sale, with modifications made by the Chief Administrator and the new owner shall pay the established fees for registering the motorized bicycle. Source: 39:4-14.3l. This section contains the substance of the original sections. 39A:MB-6. Additional requirements pertaining to motorized bicycles a. A person engaged in the business of selling motorized bicycles at retail shall not sell or offer to sell a motorized bicycle unless the motorized bicycle is in conformity with this chapter and applicable regulations. b. Except as otherwise provided by this act, violation of any of the provisions of this act or any rule or regulation promulgated pursuant to this act is a class D offense. c. The Chief Administrator shall promulgate rules and regulations pursuant to the "Administrative Procedure Act" requiring manufacturers or distributors to certify in writing to the Commission the make and model numbers of motorized bicycles which they sell or distribute in this State. d. The Chief Administrator shall compile and maintain a list of approved motorized bicycles and shall only permit approved makes and models of motorized bicycles which are sold or distributed in this State after the effective date of this act to be registered but this section shall not preclude registration of a motorized bicycle where its

14 registrant establishes with reasonable specificity that the motorized bicycle conforms to the definition in 39:1-1 and the requirements of 39: and 39:4-14.3a et seq. e. The Chief Administrator shall establish a fund not to exceed $50,000 per year for the purpose of providing an educational program for the safe operation of motorized bicycles. f. The fees collected pursuant to this act shall be appropriated to the Commission. g. Requiring a motorized bicycle dealer to be licensed as a motor vehicle dealer under 39:10-19 for the purposes of this act does not make that person a motor vehicle dealer for the purpose of restrictions or regulations contained in a planning or zoning ordinance under the "Municipal Land Use Law," 40:55D-1 et seq. Source: 39:4-14.3a; 39:4-14.3n; 39:4-14.3r; 39:4-14.3t; 39:4-14.3v; 39:4-14.3w. This section contains the substance of the original sections and was consolidated. Subsection (b) designates the penalty according to the new penalty classification system contained in 39A:44-GP1.