ASSEMBLY, No. 3019

STATE OF NEW JERSEY

208th LEGISLATURE

INTRODUCED MARCH 18, 1999

Sponsored by:

Assemblyman E. SCOTT GARRETT

District 24 (Sussex, Hunterdon and Morris)

Assemblyman GUY R. GREGG

District 24 (Sussex, Hunterdon and Morris)

Co-Sponsored by:

Assemblyman Chatzidakis, Assemblywomen Farragher, Myers, Assemblymen Carroll, Bodine, Asselta, Assemblywomen Murphy, Wright, Assemblymen Luongo, Talarico, Conaway and Gibson

SYNOPSIS

Establishes program for use of off-road motorcycles.

CURRENT VERSION OF TEXT

As introduced.

An Act concerning the use of off-highway motorcycles and supplementing Title 13 and Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. Off-highway motorcycles are enjoying increasing popularity in this State, but virtually no State parkland or forest areas are set aside for their use.

b. Indiscriminate and uncontrolled use of these vehicles may have a deleterious impact on the environment, wildlife habitats, native wildlife and native flora.

c. It is essential to ensure that effectively managed areas and adequate facilities for the use of off-highway motorcycles is combined with proper enforcement for the benefit of ecologically balanced recreation.

d. It is appropriate that areas of State parks and forests be designated, maintained and managed in order to ensure that use by off-highway motorcycles is permitted consistent with good environmental practices.

2. As used in this act, "off-road motorcycle" means a motorized two-wheel vehicle, including dirt bikes as defined in section 5 of P.L.1991, c.496 (C.2A:42A-6.1), which is capable of travel on the entire width of a roadway, path or trail, including banks, ditches, shoulders and medians.

3. The Director of the Division of Motor Vehicles, after consultation with the Commissioner of Environmental Protection, shall establish a program which serves the interests of legitimate off-road motorcycle usage while minimizing temporary detrimental effects on the environment and preventing impacts that are irreversible. This program shall provide for:

a. Registration of off-road motorcycles for persons age 17 or older for use on public lands and waters of the State, upon application and payment of a fee of $15 annually, in addition to the fees otherwise prescribed by law for the registration of motor vehicles. No registration fee shall be charged for an off-road motorcycle owned by the federal government, the State or a county or municipal government or subdivision thereof;

b. Visible display of special markings on the vehicles signifying registration and the production of registration certificates for inspection, upon demand of any peace officer, law enforcement officer, or duly authorized official of the Department of Environmental Protection;

c. Conditions for the use of these off-highway motorcycles on selected public lands and waters, including specifications for noise reduction and for minimizing the impact of these vehicles on affected fish, wildlife and plant life;

d. Restrictions on additional licensing or registration by political subdivisions of the State;

e. Requirements for liability insurance coverage as determined by the Commissioner of Insurance;

f. Reporting of accidents resulting in injuries or death of any person or property damage;

g. Inspection and testing of off-road motorcycles; and

h. Enumeration of the provisions of Title 39 deemed applicable to the operation of off-road motorcycles on public lands and waters.

4. Within two years of the effective date of this act, the Commissioner of Environmental Protection shall:

a. within the limits of appropriations made available, locate, designate and make available appropriate areas of public lands throughout the State under the jurisdiction of the Division of Parks and Forestry in the Department of Environmental Protection upon which registered off-road motorcycles may operate;

b. report to the Legislature and the Governor at such time on the locations and acreage of the public lands and waters designated for off-road motorcycle use; and

c. submit a plan to the Legislature and the Governor designed to maintain, manage and ensure continued long-term use of these areas consistent with good environmental practices.

5. The Director of the Division of Motor Vehicles, shall adopt rules and regulations relating to and including, but not limited to:

a. Specifications relating to personal and vehicular equipment required for the safe use of off-highway motorcycles;

b. Establishment of a comprehensive off-road motorcycle information, safety and training program;

c. Granting of permits for the conduct of prearranged special events; and

d. Procedures for obtaining consent of owners of real property and persons with a contractual right to the use of the property for operation of off-highway motorcycles on that property.

6. The Director of the Division of Motor Vehicles shall deposit all moneys received from the registration of off-road motorcycles and any other fees or penalties under this act to the credit of the State General Fund, except that $5 of the registration fee paid shall be allocated to the division to defray the cost of providing off-road motorcycle safety education and training manuals or programs in accordance with section 5 of this act. The balance of fees and penalties shall be allocated to the Division of Parks and Forestry for trail and trail head development and maintenance.

7. If no other penalty is specifically provided, any person who violates any rule or regulation promulgated pursuant to this act shall be punished by a fine of not less than $100 or more than $500. For a second or subsequent violation, a fine of not less than $500 or more than $1000 shall be imposed.

8. This act shall take effect on the first day of the 13th month after enactment.

STATEMENT

Off-highway motorcycles are enjoying increasing popularity in New Jersey. This bill recognizes that the indiscriminate and uncontrolled use of these vehicles may have a deleterious impact on the environment, wildlife habitats, native wildlife, and native flora. It is the intent of this bill to ensure that effectively managed areas and adequate facilities for the use of off-highway motorcycles is combined with enforcement for the benefit of ecologically balanced recreation.

The bill defines an "off-highway motorcycle" as a motorized two-wheel vehicle, including dirt bikes as defined in section 5 of P.L.1991, c.496 (C.2A:42A-6.1), which is capable of travel on the entire width of a roadway, path or trail, including banks, ditches, shoulders and medians.

The bill requires the Division of Motor Vehicles (DMV) in the Department of Transportation to establish registration and enforcement procedures for off-highway motorcycles and conditions for their use, including personal and vehicular equipment, insurance, inspections, testing and safety training. The Department of Environmental Protection (DEP) is directed to locate, designate and make available appropriate public lands for off-highway motorcycle use, report to the Legislature and Governor on their acreage and location and submit a plan for environmental maintenance and management. The bill provides for a $15 registration fee to be dedicated for the use of the DMV to provide for safety education programs and for the Division of Parks and Forestry in DEP to provide for trail and trail head development and maintenance. Designated areas of State parks and forests would be maintained and managed to ensure long term use consistent with good environmental practices.

The penalty for a violation would range from $100 to $500 for a first offense to $500 to $1000 for a second or subsequent offense.