New Jersey § 39:4-98

§ 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.