Bill Text: NJ A2110 | 2010-2011 | Regular Session | Introduced

---

Bill Title: Relieves municipalities along certain light rail lines of civil liability in Quiet Zones under certain circumstances.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-02-11 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [A2110 Detail]

Download: New_Jersey-2010-A2110-Introduced.html

---

ASSEMBLY, No. 2110

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 11, 2010

 

 

Sponsored by:

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington and Camden)

Assemblyman  JACK CONNERS

District 7 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     Relieves municipalities along certain light rail lines of civil liability in Quiet Zones under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning civil liability and supplementing P.L.1972, c.45 (C.59:1-1 et seq.).

 

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

 

     1.    Notwithstanding any law, rule, or regulation to the contrary, a municipality which establishes a Quiet Zone along a light rail line in this State shall not be liable in any civil action for damages for personal injuries or property damage resulting from an accident within the Quiet Zone, provided that :

     a.     The Quiet Zone shall be established and maintained in accordance with Part 222 of the Title 49 of the Code of Federal Regulations (49 CFR s.222.1 et seq.);

     b.    The Associate Administrator of the Federal Railroad Administration shall approve the Quiet Zone pursuant to 49 CFR s.222.39; and

     c.     The Quiet Zone shall otherwise comply with State law and regulation.

     Nothing in this section shall be deemed to grant a municipality immunity from liability for acts or omissions constituting gross negligence or willful or wanton misconduct.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill, a supplement to the "New Jersey Tort Claims Act," P.L.1972, c.45 (C.59:1-1 et seq.), relieves municipalities establishing Quiet Zones along light rail lines in this State from civil liability for damages for bodily injury or property damage resulting from an accident within the Quiet Zones.  Quiet Zones are segments of a rail line, within which are situated one or a number of consecutive highway crossings at which locomotive horns are not routinely sounded, and are permitted under federal law and regulations.

     In order for a municipality establishing a Quiet Zone to be relieved of civil liability, the following conditions must be met:

·                    The Quiet Zone shall be established and maintained in accordance with Part 222 of Title 49 of the Code of Federal Regulations (49 CFR s.222.1 et seq.).

·                    The Associate Administrator of the Federal Railroad Administration shall approve the Quiet Zone pursuant to 49 CFR s.222.39.  This approval would typically require safety measures to be implemented in the Quiet Zones such as four quadrant safety gates.

·                    The Quiet Zone shall otherwise comply with State law and regulation.

 

     Nothing in this bill shall be deemed to grant a municipality immunity from liability for acts or omissions constituting gross negligence or willful or wanton misconduct.

     The enactment of this bill would permit municipalities along the River LINE in southern New Jersey (which is subject to Federal Railroad Administration regulation since freight service is also operated on that line) to establish Quiet Zones without fear of civil liability for accidents within such zones as long as the municipalities comply with the provisions of this bill.