Sponsored by:
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Co-Sponsored by:
Assemblyman Verrelli
SYNOPSIS
Requires certain actions by motor vehicle operators when overtaking or passing pedestrians, bicycles, or scooters.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motor vehicles overtaking certain pedestrians, bicyclists, and scooter riders and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Bicycle” shall have the same meaning as set forth in R.S.39:4-14.5.
“Low-speed electric bicycle” shall have the same meaning as set forth in R.S.39:1-1.
“Low-speed electric scooter” shall have the same meaning as set forth in R.S.39:1-1.
“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.
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 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;
(2) if a lane change cannot be made pursuant to paragraph (1) of this subsection, leave a reasonable and safe distance 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 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.
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; if no bodily injury results, the violator shall be fined $100.
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.
2. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill requires motorists to take certain safety precautions when they are overtaking pedestrians, bicyclists, or scooter riders on this State’s roadways.
The bill specifically requires motor vehicle operators to approach with due caution any pedestrian, bicycle, low-speed electric bicycle, low-speed electric scooter, or other lawful personal conveyance. Absent other directions by a law enforcement officer, the motor vehicle operator, if possible, is to either change into a lane that is not adjacent to the pedestrian, bicycle, or scooter, or leave a reasonable and safe distance of not less than four feet while approaching the pedestrian, bicycle, or scooter until the operator can pass the pedestrian or conveyance. If these options are not possible, are prohibited by law, or are unsafe, the motor vehicle operator is required to reduce the speed of the motor vehicle to 25 miles per hour and be prepared to stop. The motor vehicle operator is authorized to pass the pedestrian, bicyclist, or scooter rider only if passing will not endanger the safety of any person on the roadway, including pedestrians, bicyclists, scooter riders, and motorists. In making the determination to pass, the bill requires the motor vehicle operator to consider the size and speed of the motor vehicle, traffic conditions, weather, visibility, and the surface and width of the roadway,
A person who commits a violation of the provisions of the bill which results in bodily injury is to be fined $500 and assessed two motor vehicle penalty points under the bill. Otherwise, the violator is to be fined $100.
Under the bill, “pedestrian” includes a person afoot, a person in a wheelchair or motorized wheelchair, 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.