NJSA 39:4-90 Right of way at intersections

The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection. When 2 vehicles enter an intersection at the same time the driver of the vehicle on the left shall yield the right of way to the driver of the vehicle on the right.
The driver of a vehicle within an intersection intending to turn to the left shall yield to a vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but the driver having so yielded, and having given a signal when and as required by law, may make the left turn; and other vehicles approaching the intersection from the opposite direction shall yield to the driver making the left turn.
Amended by L.1958, c. 114, p. 587, s. 1.

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

NJSA 39:4-71 Driving on Sidewalk

No person shall drive or back a horse or vehicle across, or allow the same to stand on a sidewalk unless it be in crossing the sidewalk to go into a yard or lot, and then not without the consent of the owner of the premises. This section shall not prohibit the passing of a horse or vehicle over a sidewalk in front of an alley or passageway with the owner's consent, or any municipality from driving or operating or causing to be driven or operated along or over the sidewalks within the municipality any vehicle for the purpose of maintaining or cleaning said sidewalks.
Amended by L.1963, c. 24, s. 1, eff. May 8, 1963.

LAW OFFICES OF JASON C. POLLACK, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A 39:4-85 Passing to left when overtaking; passing when in lines; signalling to pass; passing upon right

The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.

The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.

The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

Amended by L.1951, c. 23, p. 82, s. 45.

LAW OFFICES OF JASON C. POLLACK, P.C.
www.sjattorney.net
 Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A. 39:4-144 Stopping or yielding right of way before entering stop or yield intersections

No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "stop" sign unless he has first brought his vehicle or street car to a complete stop at a point within 5 feet of the nearest crosswalk or stop line marked upon the pavement at the near side of the intersecting street and shall proceed only after yielding the right of way to all traffic on the intersecting street which is so close as to constitute an immediate hazard. No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a "yield right of way" sign without first slowing to a reasonable speed for existing conditions and visibility, stopping if necessary, and the driver shall yield the right of way to all traffic on the intersecting street which is so close as to constitute an immediate hazard; unless, in either case, he is otherwise directed to proceed by a traffic or police officer or traffic control signal, or as provided in section 39:4-145 of this Title.

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A. 39:4-105 Failure to Stop for Traffic Light

NJSA 39:4-105 States:

Traffic signals or signal devices shall conform strictly with the provisions of this article.
A three-color system shall be used; red, amber and green.

• Green means permission for traffic to go, subject to the safety of others or the specific directions of an officer, official sign or special signal.
•  Red means traffic to stop before entering the intersection or crosswalk and remain standing until green is shown alone, unless otherwise specifically directed to go by an officer, official sign or special signal.
•  Amber, or yellow, when shown alone following green means traffic to stop before entering the intersection or nearest crosswalk, unless when the amber appears the vehicle or street car is so close to the intersection that with suitable brakes it cannot be stopped in safety.

A distance of fifty (50) feet from the intersection is considered a safe stopping distance for a speed of twenty (20) miles per hour, and vehicles and street cars if within that distance when the amber appears alone, and which cannot be stopped with safety, may proceed across the intersection or make a right or left turn unless the turning movement is specifically limited.

All other uses of green, red, amber or yellow lights so located as to be confused with traffic signals shall be discontinued.

 

If you disobey a traffic light in New Jersey, the New Jersey Motor Vehicle Commission will punish the offense by putting two (2) points on your driving record. These two points alone don’t trigger any bad effects (unlike insurance points).  However, they don’t expire, and the points earned from multiple smaller traffic violations can add up to big trouble. Getting six points on your record in any three-year period will result in a $150 surcharge (plus $25 for each additional point). Twelve or more points on your record at one time will result in your license being suspended. Up to three points can be removed for participating in a state-approved safe driver program, but there is a limit to how frequently you can deduct points in this way.

 

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

 

Burlington County
105 High Street
Mount Holly, NJ 08060

 

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

 

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A. 39:4-36 Driver to yield to pedestrians, exceptions; violations, penalties

a. The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or within any unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise prohibited by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided:

1. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
2. Nothing contained herein shall relieve a driver from the duty to exercise due care for the safety of any pedestrian upon a roadway. Nothing contained herein shall relieve a pedestrian from using due care for his safety.
3. Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
4. Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
5. The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk, when the pedestrian is upon, or within one lane of, the half of the roadway, upon which the vehicle is traveling or onto which it is turning. As used in this paragraph, "half of the roadway" means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway.

b. A person violating any paragraph of subsection a. of this section shall, upon conviction thereof, pay a fine to be imposed by the court in the amount of $200. The court may also impose upon a person violating any paragraph of subsection a. of this section, a penalty of community service not to exceed 15 days in such form and on such terms as the court shall deem appropriate. If the violation results in serious bodily injury to a pedestrian, the person convicted of the violation shall be subject to a fine of not less than $100 or more than $500, and may additionally be subject to a sentence of imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both, in the discretion of the court. As used in this section, "serious bodily injury" means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.

 

 c. Of each fine imposed and collected pursuant to subsection b. of this section, $100 shall be forwarded to the State Treasurer who shall annually deposit the moneys into the "Pedestrian Safety Enforcement and Education Fund" created by section 1 of P.L.2005, c.84 (C.39:4-36.2).

 d. In the event of a collision between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there shall be a permissive inference that the driver did not exercise due care for the safety of the pedestrian.

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A. 39:4-81 Failure to Observe Traffic Signals

N.J.S.A 39:4-81 States:

"a. The driver of every vehicle, the motorman of every street car and every pedestrian shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer."
“b. When, by reason of a power failure or other malfunction, a traffic control signal at an intersection is not illuminated, the driver of a vehicle or street car shall, with respect to that intersection, observe the requirement for a stop intersection, as provided in R.S.39:4-144.”

This means that you must obey the traffic signals, whether you are a motorist or a pedestrian, unless a traffic officer or police directs you to do otherwise. If the traffic control signal isn’t working, you must still stop at the intersection and yield the right of way in accordance with the traffic laws.

MVC points and penalties
Failure to observe traffic signals results in the New Jersey Motor Vehicle Commission (MVC) adding two points to your driving record. Keep in mind that if you accumulate six or more points on your New Jersey driving record within three years, you’ll be subject to a surcharge; if you get 12 or more points at any time, your license will be suspended.

Fines
The traffic fine for failing to observe a traffic signal is $85. However, if you commit this motor vehicle violation in a designated safe corridor, construction zone, or 65-mile-per-hour area, the ticket is $140.

The municipal court can also fine you from $50 to $200 and/or imprison you in state prison for up to 15 days.

Insurance rates
Additionally, New Jersey-licensed automobile insurance providers will add two “insurance eligibility points,” which means higher insurance rates. If you accumulate too many points, you won’t be able to get insurance coverage through the voluntary market at all, and you’ll have to purchase coverage through the more expensive New Jersey Personal Automobile Insurance Plan (NJPAIP).

*However, there are no points assessed for red light camera violations

LAW OFFICES OF JASON POLLACK, P.C.

www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037

N.J.S.A. 39:4-128.1 Passing a Stopped School Bus

1. On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

2. On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of avehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

3. On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted there from or be about to enter said bus.

For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

The driver of a bus which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted there from shall have reached a place of safety.

PENALTIES: 5 POINTS BY DMV, PLUS 5 CAR INSURANCE ELIGIBILITY POINTS, PLUS:
Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than $100.00, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than $250.00, imprisonment for not more than 15 days, or both for each subsequent offense. The penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act.
The Director of the Division of Motor Vehicles may also revoke the license to drive a motor vehicle of any person who shall have been guilty of such willful violation of any of the provisions of this act as shall, in the discretion of the director, justify such revocation, but the director shall, at all times, have power to validate such a license which has been revoked, or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this act.

LAW OFFICES OF JASON C. POLLACK, P.C.

www.sjattorney.net

Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037