NJDOT proposes to readopt rules
charitable solicitation on roadways
(Trenton) - The New Jersey Department of Transportation today proposed to readopt with amendments, N.J.A.C. 16:40, rules governing charitable solicitation on roadways. The proposed amendments are primarily technical in nature in order to clarify the rules. In addition, contact information is changed to reflect current regional office locations. There are no substantive changes.
Chapter 40 implements the provisions of P.L. 1997, c.82. This public law amends N.J.S.A.39:4-60 to permit the sale of merchandise or tickets and the solicitation of contributions from motorists by organizations identified as charitable organizations under the provisions of section 3 of P.L. 1994, c.16 (N.J.S.A. 45:17A-20) and include: (1) organizations which are determined to be tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986; and (2) organizations established for any benevolent, philanthropic, humane, social welfare, public health or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety.
The rules will continue to encourage the fund-raising efforts of volunteer fire companies and volunteer first aid, rescue and emergency squads and other charitable organizations. The provisions and restrictions outlined within this chapter are intended to provide for the safety of the solicitors, the public, and to ensure that traffic is not stopped or impeded by such solicitation. These precautions are necessary for the protection of life, limb and property. In regulating roadway solicitation, the Department is required to balance the promotion of safety, convenience and enjoyment of highway travel, while recognizing that roadway charitable solicitation promotes economic prosperity for charitable organizations.
The proposal appears in the July 7, 2003 issue of the New Jersey Register. The public has until September 5, 2003 to comment on the proposal. Persons wishing to comment on the proposal must provide their comments in writing to Miriam Crum, Administrative Practice Officer, NJ Department of Transportation, 1035 Parkway Avenue, P O Box 600, Trenton, NJ 08625-0600, Fax: (609) 530-3841. Comments must be postmarked or sent by fax on or before September 5, 2003, which is the close of the 60-day public comment period.