Executive Order No.31 of N.J. Gov. Driscoll

WHEREAS, accidents on the highways and streets in New Jersey resulting in loss of life, personal injury and destruction of property are steadily increasing; and

WHEREAS, in the interest of the public health, safety and welfare, steps are required to be taken immediately to: reduce the hazards of vehicular traffic; establish more realistic traffic control and operation; better coordinate and supervise the flow of pedestrian and vehicular traffic; regulate and minimize traffic congestion; extend the efficient use of existing highway facilities; and effectuate greater uniformity in the application and enforcement of the motor vehicle and traffic laws; and

WHEREAS, traffic engineering, highway planning, safety egineering, road capacity engineering, enforcement technique, safety education and citizen cooperation each bear an important influence and responsibility in the alleviation of the traffic safety problem; and

WHEREAS, the several State, county and municipal agencies vested with authority in the field of highway transportation require guidance, technical assistance and coordination to eliminate overlapping, duplicating and conflicting efforts to improve the efficient use of the entire road net within the State;

NOW, THEREFORE, I, ALFRED E. DRISCOLL, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the statutes of this State, do hereby order and direct:

1. The Attorney General, as head of the Department of Law and Public Safety, shall forthwith establish and maintain within the said Department a Bureau of Traffic Safety. The Attorney General shall assign to the said Bureau of Traffic Safety such personnel within the Department of Law and Public Safety as he deems, after consultation with the respective division heads in the said department, necessary for the operation of the said Bureau of Traffic Safety. The Attorney General after consultation with other principal department heads concerning personnel within such departments now performing duties which are to devolve upon the Bureau of Traffic Safety, shall arrange for the transfer of such personnel to the said Bureau of Traffic Safety. All transfers of personnel made to the Bureau of Traffic Safety shall be made in such a manner as to preserve any tenure rights or any rights or protection provided such personnel by Title 11 of the Revised Statutes, Civil Service, or under any pension law or retirement system.

2. The Attorney General shall, in accordance with the statutes in such case made and provided, arrange, in cooperation with the Director of the Division of Budget and accounting, for the transfer to the said Bureau of Traffic Safety of appropriations available and to become available to any division of the Department of Law and Public Safety and to any other principal department for the administration of the functions assigned to the Bureau of Traffic Safety, including payment of compensation to the personnel transferred to said Byreau, and all other operating funds appropriated for the administration of such functions.

3. The Attorney General shall, in accordance with the statutes in such case made and provided, arrange for the transfer to the said Bureau of Traffic Safety of all physical property used by the personnel transferred to the Bureau of Traffic Safety.

4. Persons assigned to the said Bureau of Traffic Safety shall exercise such functions and perform such duties as the Attorney General shall presribe.

5. For the effectuation of the purposes set forth in the second paragraph of the preamble to this Executive Order, it shall be the principal functions of the Bureau of Traffic Safety, under the supervision and direction of the Attorney General, to: collect and compile data relative to vehicular traffic operation; analyze accident statistics; study traffic regulation and regulatory devices; conduct inquiries, investigations and inspections pertaining to vehicular traffic and safety; accomplish traffic surveys, reviews and evaluations; formulate, and from time to time amend and revise, and provide for the execution of, plans and programs for more adequate regulation and control of vehicular traffic and for the expeditious and safe operation of motor vehicles on the highways of New Jersey; and effectuate all other purposes set forth in the preamble to this Executive Order. All records, reports, minutes, plans, studies, statements, surveys and other documents pertaining to traffic and safety, which will assist the Bureau of Traffic Safety in effectively executing the aforementioned principal functions, shall be made available to the Bureau for its review.

6. The Attorney General shall make and promulgate such rules and regulations as he deems necessary for the efficient operation of the said Bureau.

7. The Attorney General shall forthwith establish a State Coordinating Council on Traffic and Safety which shall consist of the following State officials or their designated technical representatives: The Attorney General, the State Highway Commissioner, the State Commissioner of Education, the Chief of Staff of the State Department of Defense, the Commissioner of Conservation and Economic Development, the Superintendent of State Police, the Director of the Division of Motor Vehicles and the Director of The Bureau of Traffic Safety. The Attorney General shall invite the following persons to serve as additional members of the said Council: The Chairman of the Committee on Public Safety of the Association of County Freeholders, the Chairman of the Committee on Public Safety of the New Jersey State League of Municipalities, the Chairman of the Committee on Public Safety of the State Association of Chiefs of Police, and the Executive Director of the New Jersey Safety Council. The Attorney General shall serve asChairman of said Council and the Director of the Bureau of Traffic Safety shall serve as Secretary to the said Council. The Council shall:

a. Receive and review all recommendations of the Bureau of Traffic Safety and, in writing, approve or comment upon or disapprove such recommendations with specific reasons for its actions and conclusions.

b. On request of the Bureau conduct hearings on subjects pertinent to traffic and safety.

c. Present to the Bureau of Traffic Safety, on its own initiative, suggestions pertaining to traffic and safety for study, development or recommendation.

d. By its decisions and actions continuously strive for further improvement in traffic and safety coordination.

8. The Director of the Bureau of Traffic Safety, through the Attorney General, shall make an annual report to the Governor and the Legislature of the operations of the Bureau.

9. The Attorney General shall undertake preparation of such legislation as may be necessary, for presentation to the next regular session of the Legislature, to further carry out the purposes of this Executive Order.

EXECUTIVE ORDER NO. 31