S3008

An Act concerning motor vehicles overtaking certain pedestrians, bicyclists, and scooter riders and amending P.L.2021, c.194.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2021, c.194 (C.39:4-92.4) is amended to read as follows:

1. a. As used in this section:

"Bicycle" shall have the same meaning as set forth in [R.S.39:4-14.5] section 2 of P.L.1975, c.328 (C.39:4-14.5) and shall be operated in accordance with section 17 of P.L.1951, c.23 (C.39:4-14.2).

"Low-speed electric bicycle" shall have the same meaning as set forth in R.S.39:1-1 and shall be operated in accordance with section 17 of P.L.1951, c.23 (C.39:4-14.2).

"Low-speed electric scooter" shall have the same meaning as set forth in R.S.39:1-1 and shall be operated in accordance with section 17 of P.L.1951, c.23 (C.39:4-14.2).

"Pedestrian" shall include, but not be limited to, a pedestrian as defined in R.S.39:1-1, a person in a wheelchair or motorized wheelchair as defined in R.S.39:1-1, a person employed by or who contracts with any public utility company in this State, a property maintenance worker, or any other person who is permitted by law to be upon the roadway for work or recreation.

“Personal conveyance” shall include any lawful personal conveyance not defined in this section that is located or operated in an area designated for pedestrians or in an area designated for the particular conveyance.

b. The operator of a motor vehicle approaching a pedestrian, bicycle, low-speed electric bicycle, low-speed electric scooter, or [any other lawful] personal conveyance [located or operating in an area designated for pedestrians or those conveyances, as appropriate,] on the roadways of this State shall approach with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:

(1) when [possible under existing safety and traffic conditions, make a lane change into a lane not adjacent to the pedestrian or personal conveyance] overtaking a bicycle, low-speed electric bicycle, or low-speed electric scooter proceeding in the same direction as the vehicle, the motor vehicle operator shall leave a reasonable and safe distance between the vehicle and the bicycle or scooter of not less than four feet until the vehicle has safely passed the bicycle or scooter, except when the bicycle or scooter is traveling in a designated bicycle path;

(2) [if a lane change cannot be made pursuant to paragraph (1) of this subsection,] when overtaking a pedestrian or personal conveyance, the motor vehicle operator shall leave a reasonable and safe distance between the vehicle and the pedestrian or personal conveyance of not less than four feet [while approaching the pedestrian or personal conveyance and maintain a distance of at least four feet] until the motor vehicle has safely passed the pedestrian or personal conveyance; or

(3) [if it is not possible, prohibited by law, or unsafe to make a lane change pursuant to paragraph (1) of this subsection or to leave a reasonable and safe distance of not less than four feet pursuant to paragraph (2) of this subsection, the motor vehicle operator shall reduce the speed of the motor vehicle to 25 miles per hour or a lower posted speed and be prepared to stop; the operator may pass the pedestrian or personal conveyance only if, considering the size and speed of the motor vehicle, traffic conditions, weather, visibility, and the surface and width of the roadway, passing does not endanger the safety of a pedestrian, operator of the personal conveyance, or any other person on the roadway] notwithstanding any law, rule, or regulation to the contrary, if it is safe to do so, the operator of a motor vehicle overtaking a bicycle, low-speed electric bicycle, or low-speed electric scooter proceeding in the same direction, or a pedestrian or personal conveyance, may overtake and pass the bicycle, scooter, pedestrian, or personal conveyance in a no-passing zone.

c. A person who commits a violation of the provisions of this section which results in bodily injury as defined in N.J.S.2C:11-1 shall be fined $500 and assessed two motor vehicle penalty points, provided that the motor vehicle operator is determined to be more than 50 percent at fault for the bodily injury, as determined by a court of competent jurisdiction; if no bodily injury results, the violator shall be fined $100 and shall not be assessed any motor vehicle penalty points.

d. Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any offense defined by the laws of this State or for any violation of Title 39 of the Revised Statutes.

(cf: P.L.2021, c.194, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill revises the requirements for motor vehicle operators and pedestrians, bicyclists, and scooter riders in circumstances where a motor vehicle is overtaking a pedestrian, bicyclist, or scooter rider on a roadway in the State. The bill requires that bicycles, low-speed electric bicycles, and low-speed electric scooters be operated in accordance with the provisions of N.J.S.A.39:4-14.2 in order for a motor vehicle operator to be in violation of the provisions of the bill when overtaking a bicycle, low-speed electric bicycle, or low-speed electric scooter.

The bill provides that motor vehicle operators are to proceed as follows when overtaking pedestrians, bicyclists, scooter riders, and personal conveyances:

· When overtaking a bicycle, low-speed electric bicycle, or low-speed electric scooter proceeding in the same direction as the vehicle, a motor vehicle operator is required to leave a reasonable and safe distance between the vehicle and the bicycle or scooter of not less than four feet until the vehicle has safely passed the bicycle or scooter, except when the bicycle or scooter is traveling in a designated bicycle path;

· When overtaking a pedestrian or personal conveyance, the motor vehicle operator is required to leave a reasonable and safe distance between the vehicle and the pedestrian or personal conveyance of not less than four feet until the vehicle has safely passed the pedestrian or personal conveyance; and

· If it is safe to do so, a motor vehicle operator overtaking a bicycle, low-speed electric bicycle, or low-speed electric scooter proceeding in the same direction, or a pedestrian or personal conveyance, may overtake and pass the bicycle, scooter, pedestrian, or personal conveyance in a no-passing zone.

The bill provides that increased penalties for violations that result in bodily injury are only applicable if the motor vehicle operator is determined to be more than 50 percent at fault for the bodily injury.