New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 38 - ROADSIDE, DRAINAGE, UNUSUAL, AND DISASTER MAINTENANCE
Subchapter 2 - DEFINITIONS
Section 16:38-2.1 - Definitions

Universal Citation: NJ Admin Code 16:38-2.1
Current through Register Vol. 56, No. 18, September 16, 2024

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Department" means the New Jersey Department of Transportation.

"Driveway" means an access route or connection to abutting property, either residential or business, including throat or apron.

"Highway" means the entire width between the boundary lines of the right-of-way maintained by the Department when any part thereof is open to the use of the public for purposes of vehicular travel.

"Maintenance operations" means and includes, but is not limited to:

1. Lay out, excavation, opening, construction, improvement, repair and maintenance of highways and removal of obstructions and encroachments from adjoining sidewalks and right-of-way limits;

2. Building, repair and operation of bridges;

3. Building culverts, walls and storm drains;

4. Installation and repair of road signs and monuments;

5. Lighting of highways;

6. Removal of obstructions to traffic and to safe sight distances; and

7. All other activities and services necessary or convenient to maintain and preserve the functional integrity of the highway for the safe and efficient movement of people and goods.

"Object" means vehicle, cargo or any other tangible thing.

"Owner" means the owner of the object, or a person or authorized agent of a company, proprietorship or corporation having legal right of possession of the object.

"Parking" means the standing or waiting on a highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.

"Sidewalk" means permanent, paved, pedestrian walkways, including ramps or steps.

"Stopping or standing," when referring to a vehicle, means any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic, to comply with the directions of a police officer or a traffic control sign or signal, or due to a medical or mechanical emergency.

"Traveled portion" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

"Utility" or "utilities" means a privately, publicly or cooperatively owned line, facility or system for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public. The term utility shall also mean the utility company inclusive of any wholly owned or controlled subsidiary. The term "utility" or "utilities" when used in this chapter is intended to reference both public and private utilities unless otherwise individually specified.

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