New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 38 - ROADSIDE, DRAINAGE, UNUSUAL, AND DISASTER MAINTENANCE › Subchapter 5 - REMOVAL OF VEHICLES, CARGO AND OTHER OBJECTS › Section 16:38-5.1 - Removal of objects from highway

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner of Transportation or any officer or employee of the Department may
				cause the removal of objects from a highway to another place on or off the
				highway in accordance with this subchapter.
(b) The Commissioner of Transportation or any
				officer or employee of the Department may direct the removal of objects from a
				highway to another place on or off the highway by Department employees, or by
				private contractors with the State, or may authorize the State, county or
				municipal police to cause the removal.
(c) If an object is standing wholly or
				partially on the traveled portion of a highway, the object may be removed
				immediately.
(d) If no portion of
				the object is standing on the traveled portion of the highway, but its location
				obstructs travel or view, obstructs an ongoing maintenance operation on the
				highway, compromises the functional integrity of the highway, or creates a
				hazard to the public, the object may be removed immediately. This subsection
				does not apply to vehicles legally parking, stopping or standing.
(e) If no portion of the object is standing
				on the traveled portion of the highway and its location does not obstruct
				travel or view or an ongoing maintenance operation on the highway, and does not
				otherwise compromise the functional integrity of the highway or create a hazard
				to the public, the object may only be removed after the expiration of a
				four-hour period from the time the Department receives notification of the
				object on the highway, unless the owner consents to earlier removal. This
				section shall not be applied to vehicles legally parking, stopping or standing.
				In the event a vehicle is parking beyond the legal time limit for the location,
				the vehicle may be removed after the expiration of a four-hour period beyond
				the limit, except as otherwise provided for in
				39:4-56.5.
(f) If a vehicle is legally parked, stopped
				or is standing off of the traveled portion of the highway where not prohibited
				or restricted by statute or regulation, but the vehicle appears to be abandoned
				or otherwise poses a hazard, the Department will contact the State, county and
				municipal police, and ask the police authority with primary patrol
				responsibility over the highway to cause the removal of the vehicle. If the
				police authority with primary patrol responsibility declines to remove the
				vehicle, the Department may affix a notice on the vehicle advising that if the
				vehicle is not removed by a specified time, the Department will cause the
				vehicle's removal. If the vehicle has not been removed by the time specified in
				the notice, the Department may ask the police authority with primary patrol
				responsibility to cause its removal, or the Department may cause the vehicle's
				removal.
(g) In the event the owner
				is not present at the location of the object, the Department will attempt to
				notify the owner as soon as practicable after the Department receives
				notification of the object on the highway and, if possible, prior to removal of
				the object. The Department will attempt to cooperate with the owner whenever
				possible regarding removal of the object. In no event, however, will the
				immediate removal of an object authorized by (c) or (d) above be delayed
				pending the Department's attempt to notify the owner.
(h) Once an object has been removed by
				Department employees or by private contractors at the request of the
				Department, the Department will, as soon as practicable, provide the municipal,
				county, and State police, with a description of the object, the location from
				which it was removed, and the location to which it was taken. The Department
				will then attempt to notify the owner as soon as practicable of the location to
				which the object was taken, and provide the owner with information as to how
				the object may be retrieved.
(i) If
				an object is removed by the police at the request of the Department, the
				Department will, as soon as practicable, attempt to notify the owner of the
				telephone number and location of the police station with information regarding
				retrieval of the object.
(j) If an
				object is removed and stored by a private contractor, the owner shall pay the
				contractor the cost of removal and storage prior to retrieval of the
				object.
(k) If an object is removed
				by Department employees and stored on the Department's property, the owner
				shall pay the State the cost of removal and storage. The Department may require
				that the cost be paid prior to retrieval.