Sponsored by:
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
SYNOPSIS
Imposes conditions on drivers approaching disabled vehicles displaying warning lights.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motor vehicle operators and amending P.L.2009, c.5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2009, c.5 (C.39:4-92.2) is amended to read as follows:
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 conditions; or
(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. The operator of a motor vehicle approaching a disabled vehicle that is displaying or flashing warning lights shall approach the disabled 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 disabled vehicle if possible in the existing safety and traffic conditions; or
(2) If a lane change pursuant to paragraph (1) of subsection c. 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.
d. A violation of this section shall be punished by a fine of not less than $100 and not more than $500.
(cf: P.L.2009, c.5, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill amends P.L.2009, c.5 (C.39:4-92.2), commonly known as the “move over law,” to also require motor vehicle operators to reduce the speed of their vehicles and change lanes when approaching a disabled vehicle flashing its warning lights.
Under the bill’s provisions, the operator of a motor vehicle approaching a disabled vehicle is to approach the vehicle with due caution and, absent any other direction by a law enforcement officer, make a lane change into a lane not adjacent to the disabled vehicle. If a lane change would be impossible, prohibited by law or unsafe, the operator is to reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which is to be less than the posted speed limit, and be prepared to stop. A violation of the bill’s provisions is punishable by a fine of $100 to $500, which is the same fine under the current “move over law.”