for motorist approaching stationary authorized emergency vehicle,
tow truck, highway maintenance or emergency service vehicle.
1. a. The operator of a motor vehicle approaching a stationary
authorized emergency vehicle as defined in R.S.39:1-1 that is
displaying a flashing, blinking or alternating red or blue light or,
any configuration of lights containing one of these colors, shall
approach the authorized emergency vehicle with due caution and
shall, absent any other direction by a law enforcement officer,
proceed as follows:
(1)Make a lane change into a lane not adjacent to the authorized
emergency vehicle if possible in the existing safety and traffic
(2)If a lane change pursuant to paragraph (1) of subsection a. of
this section would be impossible, prohibited by law or unsafe,
reduce the speed of the motor vehicle to a reasonable and proper
speed for the existing road and traffic conditions, which speed
shall be less than the posted speed limit, and be prepared to stop.
b.The operator of a motor vehicle approaching a stationary tow truck
as defined in section 1 of P.L.1999, c.396 (C.39:3-84.6) that is
displaying a flashing amber light or a stationary highway
maintenance or emergency service vehicle that is operated by the
State, an authority or a county or municipality and displaying
flashing yellow, amber, or red lights shall approach the vehicle
with due caution and shall, absent any other direction by a law
enforcement officer, proceed as follows:
(1)Make a lane change into a lane not adjacent to the tow truck or
highway maintenance or emergency service vehicle if possible in the
existing safety and traffic conditions; or
(2)If a lane change under paragraph (1) of subsection b. of this
section would be impossible, prohibited by law or unsafe, reduce the
speed of the motor vehicle to a reasonable and proper speed for the
existing road and traffic conditions, which speed shall be less than
the posted speed limit, and be prepared to stop.
c.A violation of this section shall be punished by a fine of not
less than $100 and not more than $500.
L.2009, c.5, s.1.
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DO NOT WRITE IN ALL
Since NJSA 39:4-97 prohibits drivers from driving without due caution
and circumspection or in such a way as to be likely to cause injury to
person or damage to property, why do we need another law?
Doesn't that cover it?
This is a good law. For the geniuses that don't get it, let me explain
it in 6th grade language.
If you see flashing lights on a shoulder, MOVE OVER. If you cannot move
over, SLOW DOWN. Only those who are in the right lane need to slow down.
NOT everybody in all lanes.
People in the right lane do not drive 70! They are the slowest on the
highway. If they were to slow down below 65 or 55, there would be no
hazard. Thank you NJ. For once you did something right.
How is this unconstitutional? How is this blackmail?! LOL
A police car had a car stopped and a additional police car was in front
of him. I slowed down and moved into the other lane, after passing them
moved back. Here's comes the Police car flashing lights. New I didn't
speed, and he informed me of this law, and gave me a pink warning
ticket. I never heard of it. When I got home, I called our Insurance
Company, and they didn't know what I was talking about, and advised me
to call the DMV, I did and they had no clue what I was talking about. I
am upset getting a ticket for a law, no one knows about.
Dear Motoring Public:
This is a good law. Granted, the state could have done better in making
people aware of it, but what the heck ... you don't comply with traffic
signs, speed limits, highway regulations or common sense. Heck, I wonder
how many of you can even read .. like the folks in this post bitching
about slowing down - it applies to the people in the right (slow) lane
that can not move over over due to traffic density, etc. I am an
Emergency Service Patrol Operator with NJDOT. There are less than 100 of
us covering the state and last Monday (1/11/10) a NJ Motorist killed one
of us on I-76. We have been in operation for 15 years and Joe Kealey was
our first fatality. In his case it was a DUI trying to merge in to
traffic and driving on the shoulder at a high rate of speed. In 2007 my
truck was totaled on I-80 by a tractor trailer driving to fast for road
and weather conditions. I don't want to hear ANYONE whine about a ticket
.. there isn't a driver out there that doesn't have at least one coming
for some careless, reckless, ignorant act that they have performed
behind the wheel. Slow down, pay attention, follow the rules, if you
don't know what the rules are then take a class, plan ahead. Don't wait
till you are on my bumper at a motor vehicle accident to move to another
lane. WE are on the highway to protect you from each other .. now go out
there and play nice.
I was given a ticket today for this 'offence'. I told the officer that I
had no knowledge of this law. I have been driving for over 50 years,
this is my first ticket, I am not happy.
I just got a ticket for this and I had never ever heard of the law. How
can people obey a law they have never heard of ??!! Get the word out to
the general public! Typical NJ everything done in a reactive manner
instead of proactive.
This is totally ridiculous. I never knew about this law until I got a
ticket. Very unfair! I was never told about this law going into
effect... definitely not proud to live in NJ.
I called the Motor Vehicle Violations Surcharge System and let them know
how I feel. I was polite and to the point about how it's
unconstitutional and literally a felony to extort/blackmail money from
motorists who have already paid their debt to society. Of course I made
sure to say I was totally willing to accept the fact that I was helpless
in this matter and I would continue to make the payments in spite of the
fact that what they're doing is disgraceful and totally unfair to New
Jersey tax paying citizens.
I drive through your state twice a day, and what i witness out on the
roads is ,lightly putting it, "Insanity behind the wheel". As in getting
the word out about this law, might I suggest that you also send out
notices to the large fleet operators that operate in N.J. so that their
drivers are aware of this law, seeing the alert on the traffic net signs
on the NJTP the other night works also.
Finally, a law that makes sense. Almost every time responding to an
emergency there is an ignorant driver who never moves over which delays
our response. Sometimes I feel they do it on purpose, but this law
Perhaps you should make it a law for the idiot that ALWAYS sits in the
middle and / or left lanes slow down to let you over. It seems that they
would rather speed up to keep you out. Don't forget the other laws
1)Keep right except to pass 2)Slower traffic keep right.
Also it would help if the police would not sit in the left lane and do
exactly the speed limit and dare anyone to pass them. (Keep right EXCEPT
to pass) for everyone
This law is as useless as the laws passed on the use of cell phone while
driving. People still talk on the phone and you still have to pull your
side view mirrors in no matter how far you pull off the road.
This law will save the life of an individual that is risking their own
life (everyday) trying to make your commute safer.
JUST MOVE OVER! A few extra minutes is worth every life that can be
What if that life was your parent, spouse, child, friend, neighbor????
Working along side of these interstates is really putting your life on
the line... I know, I've been there.
It works in every other state (see NC), why not here?
This law will kill people! What is slower? One person commented slow is
"15-25mph" another person might think 64mph is slow. I cannot imagine
the mahem that this will produce when 4 lanes of traffic flowing down
the Parkway at 75mph all of a sudden has to slow down for a litter
patrol! This law could be a disaster!
This is a Bad Law. Because 90% of motorists will not slow down, this
this law will make the situation more dangerous! The lane change idea
sounds good (I always did this anyhow) but slowing down below the speed
limit is dangerous! - If flow of traffic is moving 65-70mph and one
motorist slows down to 45, the situation just got hectic! A daydreaming
65mph car that is rubbernecking the emergency lights could collide or
swerve at last moment creating a greater hazard.
Something I was told to do when learning to drive many years ago..But
the way people are driving now it makes sense to put it black and white.
I would like to see a 15-25 mph speed cap for passing motorists however
this is a great addition to Title 39 and to our safety.
Wow, A Jersey Law that makes sense to protect Law Enforcement. I'm
Looks like a good idea.
Hopefully, people will follow it.