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NJAC 19:9-1.1 Turnpike Definitions

Turnpike § 19:9-1.1 Definitions


The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

“Abandoned vehicles” means any vehicle whose occupants leave the vehicle unattended on the Roadway for any reason for any period of time.

“Amphitheater” means the theater and lawn areas within the confines of the fence which surrounds the theater located at the Arts Center.

“Arts Center” means the amphitheater, plaza, buildings, mall, all roads leading to and from the amphitheater, all parking areas supporting the amphitheater, and surrounding lands located on the Parkway at the Telegraph Hill Nature Area, Holmdel, New Jersey.

“Authority” means the New Jersey Turnpike Authority, the body corporate and politic defined in N.J.S.A. 27:23-1 et seq., acting by and through the duly appointed commissioners thereof and their designees.

“Bicycle” means any vehicle with two wheels supported by a frame propelled by the feet acting upon pedals.

“Camper” means a self-propelled motor vehicle, single unit or unit attached, which is used and designed for human habitation and not used for commercial purposes.

“Car” means a passenger motor vehicle, including station wagons, hearses, funeral flower and funeral service vehicles for which issuance of passenger car plates is authorized, taxicabs, motorcycles, two axle four tire campers, school buses and panel vans, pickup trucks and similar vehicles having a gross weight not exceeding 6,999 pounds.

“Commercial vehicles” means every type of motor driven vehicle used for commercial purposes on the Roadway such as the transportation of goods, wares and merchandise, excepting such vehicle of the passenger car type.

“Construction equipment” means all vehicles, machinery and equipment enumerated in N.J.S.A. 39:3-20.

“Discharge” means the unintentional or intentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, abandonment or dumping of a hazardous or non-hazardous material or waste into or on the land, water or air. This shall also include the disposal of containers or hazardous materials into receptacles for trash or recycling at any location on any Roadway.

“Gross combination weight rating (G.C.W.R.)" means the value specified by the manufacturer as the loaded weight of a combination vehicle.

“Gross vehicle weight rating (G.V.W.R.)" means the value specified by the manufacturer as the loaded weight of a single vehicle.

“Gross weight” means the combined weight of a vehicle and any load thereon.

“Hazardous material” means any material or substance that is capable of posing a risk to health, safety and property or as set forth in N.J.A.C. 7:1E-1.7, 7:26-8, 40 CFR Part 261 and 49 CRF Part 172, as amended or recodified.

“Heavy truck” means a truck with two axles and four tires weighing more than 6,999 pounds, a truck with two axles and six or more tires, or a truck with three or more axles.

“Interstate 95 Extension” means that portion of Interstate Highway 95 previously maintained by the New Jersey Department of Transportation and transferred to the Authority by N.J.S.A. 27:23-23.7, beginning at Turnpike milepost 117.9+ and thence in a general northerly direction to milepost 122.0+, and all bridges, tunnels, underpasses, interchanges, entrance plazas, approaches, toll houses, service areas, service stations, service facilities, communication facilities, and administration, storage and other buildings which the Authority may deem necessary for the operation of such extension, together with all property, rights, easements and interests which may be acquired by the Authority for the construction or the operation of such extension and all other property within the Interstate 95 Extension right-of-way.

“Loitering” means remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly, and which also includes the colloquial expression “hanging around."

“Motorcycles” means all motor operated vehicles of the bicycle or tricycle type, whether the motor power being a part thereof or attached thereto and having a saddle or seat with driver seat astride or upon it, excluding motor scooters, minibikes and bicycles and any other vehicle not registered with the New Jersey Motor Vehicle Commission for use on limited access highways of this State having a regulatory speed limit of 55 miles per hour.

“Motor trucks” means every motor vehicle designed, used or maintained primarily for the transportation of property, which property is not affixed to or a necessary part of the design or construction of the vehicle itself.

“Official traffic control devices” means only those signs, signals, markings and devices approved and accepted by the Authority and placed, erected or caused to be placed or erected by the Authority for the purpose of regulating, warning or guiding traffic on the Roadway.

“Omnibus” means any motor vehicle capable of transporting 10 or more passengers and registered as a bus, as indicated by the letter “O” preceding the registration number or the word “Bus” or “Omnibus” on the vehicle‘s license plate. Vehicles with the letters “CV” or the word “Livery” or “Autocab” on the license plate are excluded from this definition.

“Parkway” means the highway project known as the Garden State Parkway, expressly including, but not limited to, the Arts Center, the Telegraph Hill Nature Area, to the extent provided in an Agreement dated April 23, 1992 among the Authority, the New Jersey Vietnam Veterans Memorial and all real property owned by, operated or under the jurisdiction of the Authority and any improvements thereon. The term Parkway shall not include the Turnpike.

“Parkway-Right-of-Way” means the area continued within the right-of-way lines as designated on the Parkway parcel property maps filed in the respective county clerk‘s office of each county in which the Parkway is located.

“Passenger vehicles” means all automobiles used and designed for the transportation of passengers other than omnibuses and school buses, irrespective of whether the vehicle has commercial or noncommercial registration license plates.

“Recreational vehicle” means a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance.

“Roadway” shall mean, collectively, the Turnpike and the Parkway.

“Semitrailer” means every vehicle with or without motive power, including a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some parts of its weight and that of its load rests upon or is carried by another vehicle.

“Telegraph Hill Nature Area” means that approximately 400 acre tract including, but not limited to, forest, groves, gardens, picnic areas, nature trails, exercise areas and any improvements thereon, also encompassing the Vietnam Veterans Memorial and the Arts Center, located in Holmdel, New Jersey.

“Trailer” means every vehicle with or without motive power, including a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

“Truck-tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

“Turnpike” means any express highway, superhighway or motorway at such locations and between such termini as may hereafter be established by law, owned and/or operated under the provisions of N.J.S.A. 27:23-1 et seq. by the Authority, and shall include, but not be limited to, all bridges, tunnels, underpasses, interchanges, entrance plazas, approaches, toll houses, service areas, service stations, service facilities, communication facilities, and administration, storage and other buildings which the Authority may deem necessary for the operation of such project, together with all property, rights, easements and interests which may be acquired by the Authority for the construction or the operation of such project and all other property within the Turnpike right-of-way. The term “Turnpike” shall not include the Parkway.

“Turnpike right-of-way” means the area continued within the right-of-way lines as designated on Turnpike parcel property maps filed in the respective county clerk‘s office of each county in which the Turnpike is located.

“Vehicles” means every device in, upon or by which a person or property is or may be transported upon a highway.

“Vietnam Veterans Memorial” means the structure containing an open air memorial to the New Jersey servicemen and women who were killed or reported missing in action in the Vietnam Conflict, its environs, including, but not limited to, the Vietnam Era Education Center, located in Telegraph Hill Nature Center.


HISTORY


HISTORY:


Amended by R.1974 d.227, effective October 1, 1974.


See: 6 N.J.R. 209(c), 6 N.J.R. 370(c).


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


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


Amended by R.1992 d.379, effective October 5, 1992.


See: 24 N.J.R. 2692(a), 24 N.J.R. 3534(d).


Revised definition “New Jersey Turnpike."


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.1998 d.520, effective November 2, 1998.


See: 30 N.J.R. 2368(a), 30 N.J.R. 3971(a).


Added new “Recreational vehicle” definition.


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


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


Rewrote the section.


Amended by R.2008 d.336, effective November 3, 2008.


See: 40 N.J.R. 4498(a), 40 N.J.R. 6478(a).


Deleted definitions “Bus token” and “Car token”.


CASE NOTES:


Statutory objective may be examined to determine whether act of State Turnpike Authority is statutorily authorized. State v. Levinson, 225 N.J.Super. 135, 541 A.2d 1110 (A.D.1988).


Regulations of State Turnpike Authority are afforded rebuttable presumption of validity. State v. Levinson, 225 N.J.Super. 135, 541 A.2d 1110 (A.D.1988).


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
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