Sponsored by:
Senator PETER J. BARNES, III
District 18 (Middlesex)
SYNOPSIS
Clarifies statute requiring motorists to yield to authorized emergency vehicles sounding sirens and displaying red lights.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the operation of motor vehicles and amending R.S.39:4-92.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:4-92 is amended to read as follows:
39:4-92. Upon the immediate approach of an authorized emergency vehicle giving audible signal, and equipped, as required by [section] R.S.39:4-91 [of this Title], and unless otherwise directed by a police or traffic officer [,] :
(a) The driver of every vehicle on both sides of the highway shall immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the highway, clear of an intersection of highways, and shall stop and remain in that position until the authorized emergency vehicle has passed [and] ; provided however, on highways having two or more roadways separated by safety islands or physical traffic separation installations, only drivers on the same roadway as the authorized emergency vehicle shall be required to yield.
(b) The driver or person in control of a street car shall immediately stop the car clear of an intersection of highways and keep it stationary until the authorized emergency vehicle has passed.
(c) A pedestrian upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.
No driver of any vehicle other than one on official business shall follow any authorized emergency vehicle, traveling in response to an emergency call, closer than 300 feet, or drive nearer to, or park the vehicle within 200 feet of, where any fire apparatus has stopped in answer to a fire alarm.
A law enforcement officer may follow an authorized emergency vehicle travelling to the scene of an emergency and may issue to a driver a warning for a first violation of the provisions of this section and a summons for a second violation committed within 30 days of the warning.
(cf: P.L.1962, c.148, s.1)
2. This act shall take effect on the first day of the fourth month after enactment.
STATEMENT
The purpose of the bill is to clarify the current law requiring motorists to yield to an authorized emergency vehicle exhibiting red lights and operating its siren.
R.S.39:4-92 requires motorists to immediately drive to the right-hand edge or curb of the highway, clear of an intersection, and stop and remain in that position until the authorized emergency vehicle has passed. This bill clarifies that this requirement is applicable to vehicles on both sides of the highway; however, if there are two or more roadways on the highway, separated by safety islands or traffic separation installations, only drivers on the same side of the roadway as the emergency vehicle are required to yield.
In addition, this bill clarifies that pedestrians in the highway are required to proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed.
Finally, the bill provides that a law enforcement officer may follow an authorized emergency vehicle travelling to the scene of an emergency and may issue to a motorist a warning for a first violation of this statute and a summons for a second violation committed within 30 days of the warning.