2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-96 - Reckless driving; punishment
39:4-96. A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.
On a second or subsequent conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both.
Amended 1955,c.220,s.1; 1982,c.45,s.3; 1995,c.70,s.2.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-97 - Careless driving
39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.
Amended 1951,c.23,s.54; 1955,c.220,s.2; 1995,c.70,s.3.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-97a - Agricultural, recreational property protected
39:4-97a. Agricultural, recreational property protected
No person shall operate a motor vehicle, except a motor vehicle operated for emergency purposes by a fire department or ambulance or rescue squad, in a manner which causes the destruction of agricultural crops, fences, fields or other agricultural or recreational property. "Recreational property" means any public or private property used as a golf course, park, or other similar purpose.
L. 1985, c. 154, s. 1, eff. April 25, 1985.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-97.1 - Slow speeds as blocking traffic
39:4-97.1. Slow speeds as blocking traffic
No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-97.2 - Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharges.
1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.
b. A person convicted of a first offense under subsection a. of this section shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
c. A person convicted of a second offense under subsection a. of this section shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
d. A person convicted of a third or subsequent offense under subsection a. of this section shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.
f. In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35). The surcharge shall be assessed for offenses occurring on or after July 24, 2000 but before the first day of the first month next following the date the written notification required pursuant to subsection b. of section 2 of P.L.2019, c.301 (C.52:9S-3.1) is transmitted to the State Treasurer and the Chief Administrator of the Motor Vehicle Commission. The commission shall have no legal authority to collect any surcharge, together with any interest and administrative fees, that have been assessed but remain unpaid, or that may be levied and required to be paid, on or after that date.
L.2000, c.75, s.1; amended 2004, c.69; 2019, c.301, s.5.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-97.2a - Disposition of certain surcharges.
Universal Citation:
39:4-97.2a Disposition of certain surcharges.
6. a. Notwithstanding the provisions of any other law to the contrary, all debts, including bonds, refunding bonds, notes, and other obligations and the costs thereof which remain outstanding as of the effective date of P.L.2019, c.301 (C.52:9S-3.1 et al.) and that have a pledge of revenues derived specifically from a surcharge imposed pursuant to section 1 of P.L.2000, c.75 (C.39:4-97.2), shall continue to be paid until those debts have been repaid in full pursuant to the terms of those debt contracts.
b. After the effective date of P.L.2019, c.301 (C.52:9S-3.1 et al.), no new debts, including bonds, notes, and other obligations shall be issued which pledges or includes revenues derived from a surcharge imposed pursuant to section 1 of P.L.2000, c.75 (C.39:4-97.2) as a source of funding for the repayment of those new bonds, so that once the debts outstanding as of the effective date of P.L.2019, c.301 (C.52:9S-3.1 et al.) have been retired, the revenues collected pursuant to section 1 of P.L.2000, c.75 (C.39:4-97.2) shall not be encumbered by a debt of any sort.
c. The provisions of this section shall not prohibit the State from refinancing or refunding any outstanding debts, including bonds, refunding bonds, notes, and other obligations, which remain outstanding as of the effective date of P.L.2019, c.301 (C.52:9S-3.1 et al.) and that have a pledge of revenues derived specifically from a surcharge imposed pursuant to section 1 of P.L.2000, c.75 (C.39:4-97.2), as long as such refinancing or refunding does not extend the maturity date beyond January 1, 2035.
L.2019, c.301, s.6.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-97.3 - Use of wireless telephone, electronic communication device in moving vehicles; definitions; enforcement.
1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an "electronic communication device" shall not include an amateur radio.
Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen's band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.
b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or
(2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.
As used in this act:
"Citizen's band radio" means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen's band radio service use.
"Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.
"Two-way radio" means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.
"Use" of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.
c. (Deleted by amendment, P.L.2007, c.198).
d. A person who violates this section shall be fined as follows:
(1) for a first offense, not less than $200 or more than $400;
(2) for a second offense, not less than $400 or more than $600; and
(3) for a third or subsequent offense, not less than $600 or more than $800 .
For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).
A person who has been convicted of a previous violation of this section need not be charged as a second or subsequent offender in the complaint made against him in order to render him liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.
e. Except as provided in subsection d. of this section, no motor vehicle penalty points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.
f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act. Notwithstanding the provisions of R.S.39:5-41, the fines assessed pursuant to subsection d. of this section shall be collected by the court and distributed as follows: 50 percent of the fine imposed shall bepaid to the county and municipality wherein the violation occurred, to be divided equally, and 50 percent of the fine imposed shall be paid to the State Treasurer, who shall allocate the fine monies to the chief administrator to be used for this public education program, which shall include informing motorists of the dangers of texting while driving.
g. Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.
L.2003, c.310, s.1; amended 2007, c.198, s.1; 2010, c.40; 2013, c.70.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-97.4 - Inapplicability of act to certain officials.
39:4-97.4 Inapplicability of act to certain officials.
2. The prohibitions set forth in this act shall not be applicable to any of the following persons while in the actual performance of their official duties: a law enforcement officer; a member of a paid, part-paid, or volunteer fire department or company; or an operator of an authorized emergency vehicle.
L.2003,c.310,s.2.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-97.5 - Supersedure, preemption of local ordinances.
39:4-97.5 Supersedure, preemption of local ordinances.
3. This act supersedes and preempts all ordinances of any county or municipality with regard to the use of a wireless telephone or electronic communication device by an operator of a motor vehicle.
L.2003, c.310, s.3; amended 2007, c.198, s.2.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-98 - Rates of speed
39:4-98. Rates of speed
39:4-98. Rates of speed. Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following:
a. (1) Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours;
(2) Twenty-five miles per hour on certain portions of Route 130 in Burlington City, Burlington County, as provided by paragraphs (1) and (2) of subsection a. of section 3 of P.L.2019, c.5 (C.39:4-98.12);
(3) Thirty-five miles per hour on certain portions of Route 130 in Burlington City, Burlington County, as provided by paragraphs (3) and (4) of subsection a. of section 3 of P.L.2019, c.5 (C.39:4-98.12);
b. (1) Twenty-five miles per hour in any business or residential district;
(2) Thirty-five miles per hour in any suburban business or residential district;
c. Fifty miles per hour in all other locations, except as otherwise provided in the "Sixty-Five MPH Speed Limit Implementation Act," pursuant to P.L.1997, c.415 (C.39:4-98.3 et al.).
Whenever it shall be determined upon the basis of an engineering and traffic investigation that any speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, the Commissioner of Transportation, with reference to State highways, may by regulation and municipal or county authorities, with reference to highways under their jurisdiction, may by ordinance, in the case of municipal authorities, or by ordinance or resolution, in the case of county authorities, subject to the approval of the Commissioner of Transportation, except as otherwise provided in R.S.39:4-8, designate a reasonable and safe speed limit thereat which, subject to the provisions of R.S.39:4-96 and R.S.39:4-97, shall be prima facie lawful at all times or at such times as may be determined, when appropriate signs giving notice thereof are erected at such intersection, or other place or part of the highway. Appropriate signs giving notice of the speed limits authorized under the provisions of paragraph (1) of subsection b. and subsection c. of this section may be erected if the commissioner or the municipal or county authorities, as the case may be, so determine they are necessary. Appropriate signs giving notice of the speed limits authorized under the provisions of subsection a. and paragraph (2) of subsection b. of this section shall be erected by the commissioner or the municipal or county authorities, as appropriate.
When designating reasonable and safe speed limits for a street under its jurisdiction pursuant to this subsection, as part of an engineering and traffic investigation, a municipality or county shall consider, but not be limited to, the following criteria: residential density; the presence, or lack, of sidewalks; the prevalence of entry and exit ways for business and commercial establishments; whether school children walk adjacent to the street on their way to and from school; and the proximity of recreational or park areas, schools, community residences, family day care homes, child care centers, assisted living facilities, or senior communities. Nothing in this paragraph shall substitute for traffic count, accident, and speed sampling data as appropriate.
The driver of every vehicle shall, consistent with the requirements of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
The Commissioner of Transportation shall cause the erection and maintenance of signs at such points of entrance to the State as are deemed advisable, setting forth the lawful rates of speed, the wording of which shall be within the commissioner's discretion.
Amended 1939, c.211; 1942, c.325,(1942, c.325 repealed 1946, c.8); 1951, c.23, s.55; 1983, c.227, s.2; 1993, c.315, s.2; 1997, c.415, s.1; 2009, c.258; 2019, c.5, s.4.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-98.2 - Counties or municipalities; reduction of regular speed limit for 72 hours for maintenance or repairs; notice to commissioner
Any county or municipal governing body may adopt an ordinance or resolution, as appropriate, designating a county or municipal official who may order a reduction of a regular speed limit for periods not to exceed 72 hours on segments of highways under its jurisdiction for the purpose of maintenance or repairs. Any resolution or ordinance adopted pursuant to this act shall specify the circumstance under which a speed limit may be reduced.
An order reducing the speed limit pursuant to this act shall not require the approval of the Commissioner of Transportation; provided, however, that it shall be the duty of the designated county or municipal official to notify the commissioner of the affected segment of highway no less than 7 days before any reduced speed limit takes effect; except that in cases of emergency situations the notification period may be waived by the commissioner. It shall be the duty of the designated county or municipal official to place one or more signs indicating the reduced speed limit along the affected highway.
Any speed limit established pursuant to this act shall be prima facie lawful and subject to the provisions of R.S. 39:4-96 and 39:4-97 when appropriate signs giving notice thereof are erected.
L.1981, c. 237, s. 1, eff. July 27, 1981.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-98.4 - Definitions relative to 65 MPH speed limit.
39:4-98.4 Definitions relative to 65 MPH speed limit.
3. As used in this act:
"Authorities" means the New Jersey Turnpike Authority and the South Jersey Transportation Authority.
"Commissioner" means the Commissioner of Transportation.
"Eligible public highways" means public highways as defined in section 3 of P.L.1984, c.73 (C.27:1B-3) of which portions have been determined by the commissioner to be appropriate for a 65 miles per hour speed limit based on such criteria as determined by the commissioner. Public highways under the jurisdiction of counties and municipalities shall not be eligible public highways.
L.1997, c.415, s.3; amended 2013, c.253, s.22.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-98.9 - Emergency orders
39:4-98.9. Emergency orders
8. a. Notwithstanding any other provision of law to the contrary, the commissioner is authorized to set or change by emergency order, for periods of up to 60 days, the speed limit on any public highway based on emergent conditions, such as construction work, dangerous conditions, extreme congestion or traffic problems, imminent peril, or imminent risk to motorists or to the public safety.
b. An emergency order issued pursuant to this section shall cite the portions of public highway to which it is to be applicable, a description in plain language of what the order requires, the effective date of the order, and any other information the commissioner deems necessary.
c. An emergency order issued pursuant to this section shall be final upon the signature of the commissioner, or on a later date if the commissioner so determines, and shall be effective and enforceable upon compliance with the requirement for the posting of signs providing notice of the speed limit, as provided under the applicable provisions of R.S.39:4-98 and R.S.39:4-198.
d. An emergency order issued pursuant to this section may, upon its expiration date, be renewed by the commissioner for additional 60-day periods, until the emergent condition necessitating the emergency order is mitigated.
e. Any official traffic control device established pursuant to this section shall conform to the "Manual on Uniform Traffic Control Devices."
L.1997,c.415, s.8.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-98.10 - "Antwan's Law"
39:4-98.10. "Antwan's Law"
1. This act shall be known and may be cited as "Antwan's Law."
L.2019, c.5, s.1
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-98.11 - Findings and declarations regarding "Antwan's Law"
39:4-98.11. Findings and declarations regarding "Antwan's Law"
2. The Legislature finds and declares:
a. Route 130 is one of the most dangerous roadways in the State for pedestrians, evidenced by the fact that it was adjudged the most dangerous roadway in New Jersey by the Tri-State Transportation Campaign for five consecutive years from 2011 to 2015.
b. Since 2009, Route 130 has never ranked lower than second on the Tri-State Transportation Campaign's list of most dangerous roadways for pedestrians.
c. The portion of Route 130 in Burlington City, Burlington County is particularly dangerous because its northbound and southbound lanes are separated by a block of commercial properties that contains several popular locales, including a prominent convenience store, two fast food restaurants, two pizza places, a pharmacy, an omelette house, and an ice cream parlor.
d. In addition, Burlington City High School is directly adjacent to the northbound lanes of Route 130 in Burlington City and the Wilbur Watts Intermediate School is directly adjacent to the southbound lanes of Route 130 in Burlington City.
e. A large portion of the Burlington City High School student body resides west of Route 130, necessitating many students of the high school to cross Route 130 in order to get to and from school.
f. The proximity of the northbound and southbound lanes to the two schools, the existence of several commercial properties frequented by members of the student body of those two schools and by residents of the city, and the fact that many students cross Route 130 in order to get to and from school creates a dangerous set of circumstances that threatens the safety of the students and residents of Burlington City.
g. Although the speed limit is reduced to 25 miles per hour on a portion of Route 130 in Burlington City when the presence of children is clearly visible from the roadway during recess or while children are going to or leaving school during opening or closing hours for the Burlington City High School and the Wilbur Watts Intermediate school, the speed limit is 40 miles per hour at all other times.
h. On May 22, 2016, Antwan Timbers, Jr. was returning home, after visiting one of the popular convenience stores located between the northbound and southbound lanes of Route 130 in Burlington City, when he was struck and killed by a passing motorist.
i. Antwan, a beloved member of his school and community, planned to play football and wrestle during the 2016-2017 school year, was a participant in Burlington City High School's Junior Reserve Officer Training Corps, and had expressed interest in joining the military after graduation.
j. Following his tragic death, Antwan's friends and schoolmates banded together to start a "25 Saves Lives" campaign, calling for a permanent, full-day reduction in the speed limit in the school zone along Route 130 in Burlington City.
k. The speed limit of 40 miles per hour on the portion of Route 130 adjacent to the Burlington City High School and the Wilbur Watts Intermediate School is too high and, accordingly, needs to be permanently reduced in the interest of public safety.
L.2019, c.5, s.2
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-98.12 - Speed limits on certain sections of Route 130; violation fine tripled
39:4-98.12. Speed limits on certain sections of Route 130; violation fine tripled
3. a. The driver of a motor vehicle shall not operate the motor vehicle at a speed in excess of:
(1) Twenty-five miles per hour on the northbound lanes of Route 130 between a point 300 feet south of the southerly curb line of Wood Street and Jacksonville Road in Burlington City, Burlington County;
(2) Twenty-five miles per hour on the southbound lanes of Route 130 between a point 400 feet north of the northerly curb line of East Federal Street and Wood Street in Burlington City, Burlington County;
(3) Thirty-five miles per hour on the northbound lanes of Route 130 between Lincoln Avenue and a point 300 feet south of the southerly curb line of Wood Street in Burlington City, Burlington County;
(4) Thirty-five miles per hour on the southbound lanes of Route 130 between Logan Avenue and a point 400 feet north of the northerly curb line of East Federal Street in Burlington City, Burlington County.
b. The fine for a violation of this section shall be triple the amount of the fine for a violation of R.S.39:4-98.
L.2019, c.5, s.3
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-99 - Exceeding speed limitations; speed specified in charge
39:4-99. Exceeding speed limitations; speed specified in charge
It shall be prima facie unlawful for a person to exceed any of the foregoing speed limitations or any speed limitation in effect as established by authority of section 39:4-98 of this Title.
In every charge of violation of section 39:4-98 of this Title, the complaint and the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven and the speed which this article declares shall be prima facie lawful at the time and place of the alleged violation.
Amended by L.1951, c. 23, p. 88, s. 56.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-100 - Rate of speed across sidewalk
39:4-100. Rate of speed across sidewalk
No vehicle or horse shall be driven or ridden across a sidewalk at a rate of speed greater than four miles per hour.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-101 - Speedways
39:4-101. Speedways
Nothing in this article shall apply to a speedway, constructed with the permission of the local authorities or the board of freeholders, as the case may be, of the county or counties in which the speedway is located, and built or intended for the exclusive use of motor vehicles, if the speedway at no point crosses a highway, railroad or railway at grade.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-103 - Exemptions from speed regulations
39:4-103. Exemptions from speed regulations
Motor vehicles belonging to the military establishment, while in use for official purposes in time of riot, insurrection or invasion; all police officers, while the officers are engaged in the apprehension of violators of the law, or of persons charged with, or suspected of, a violation, are exempt from the provisions of this chapter relating to speed.
Amended by L.1951, c. 23, p. 89, s. 57; L.1983, c. 403, s. 16, eff. Dec. 23, 1983.
2024 New Jersey Revised Statutes
Title 39 - Motor Vehicles and Traffic Regulation
Section 39:4-103.1 - Photo radar defined, usage prohibited
39:4-103.1. Photo radar defined, usage prohibited
1. a. Notwithstanding any law, rule or regulation to the contrary, a law enforcement officer or agency shall not use photo radar to enforce the provisions of chapter 4 of Title 39 of the Revised Statutes.
b. As used in this act, "photo radar" means a device used primarily for highway speed limit enforcement substantially consisting of a radar unit linked to a camera, which automatically produces a photograph of a vehicle traveling at a speed in excess of the legal limit.
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