A1574

Sponsored by:

Assemblyman ERIC HOUGHTALING

District 11 (Monmouth)

Assemblywoman JOANN DOWNEY

District 11 (Monmouth)

Co-Sponsored by:

Assemblyman McGuckin, Assemblywoman Murphy, Assemblyman Rooney, Assemblywoman McKnight, Assemblyman Chiaravalloti and Assemblywoman DiMaso

SYNOPSIS

Imposes motor vehicle penalty points for certain violations of “move over law”; establishes public awareness campaign; designated as “Slow Down or Move Over, It’s the Law Act.”

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning motor vehicle penalties, designated as the “Slow Down or Move Over, It’s the Law Act,” and amending and supplementing 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, 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, or a stationary sanitation vehicle displaying a flashing amber warning light pursuant to section 1 of P.L.2011, c.3 (C.39:3-54.27) 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, highway maintenance or emergency service vehicle, or sanitation 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] person who violates this section shall be [punished by a fine of] fined not less than $100 and not more than $500 .

In addition to the fine imposed pursuant to this subsection, a person convicted of three or more offenses under this section that occur within a 12-month period shall be assessed two motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

A motor vehicle operator shall not be assessed motor vehicle penalty points unless the stationary vehicle is displaying flashing, blinking, or alternating lights in accordance with this section at the time of the third or subsequent violation .

(cf: P.L.2017, c.43, s.2)

2. The Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety shall establish a public awareness campaign to inform the general public concerning:

(1) the importance of motor vehicle operators reducing the speed of their vehicles and changing lanes when approaching an authorized emergency vehicle; tow truck; or highway maintenance, emergency service, or sanitation vehicle that is displaying flashing, blinking, or alternating emergency lights as required pursuant to section 1 of P.L.2009, c.5 (C.39:4-92.2);

(2) the risks associated with the failure of a motor vehicle operator to comply with the provisions of section 1 of P.L.2009, c.5 (C.39:4-92.2); and

(3) the penalties and fines that are imposed on a motor vehicle operator who violates section 1 of P.L.2009, c.5 (C.39:4-92.2).

3. This act shall take effect on the first day of the eighth month next following the date of enactment.

STATEMENT

This bill requires two motor vehicle penalty points to be assessed when a motor vehicle operator commits three or more violations under the “move over law” (section 1 of P.L.2009, c.5; C.39:4-92.2) during a 12 month period. The accumulation of motor vehicle penalty points may result in additional penalties, including the imposition of surcharges and a license suspension.

Under the “move over law,” motor vehicle operators are required to reduce the speed of their vehicles and change lanes when approaching an authorized emergency vehicle; tow truck; or highway maintenance, emergency service, or sanitation vehicle that is displaying flashing, blinking, or alternating emergency lights. Violators are subject to a fine of between $100 and $500,

The bill, designated as the “Slow Down or Move Over, It’s the Law Act,” imposes two motor vehicle penalty points for a third or subsequent offense that occurs within a 12 month period. The motor vehicle penalty points are not to be imposed unless the authorized, stationary vehicle is displaying flashing, blinking, or alternating emergency lights at the time of the offense.

The bill also requires the Director of the Division of Highway Traffic Safety to establish a public awareness campaign to inform the general public concerning: the importance of compliance by motor vehicle operators with the section 1 of P.L.2009, c.5; C.39:4-92.2, the risks associated with the failure of a motor vehicle operator to comply with the law, and the penalties and fines that are imposed on a motor vehicle operator who violates this law.