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New Jersey Renews Emphasis on ‘Move Over’ Traffic Laws

It seems that New Jersey is in the swing of a widespread PR campaign highlighting often-ignored traffic laws and traffic tickets.  First was the (now annual) highly publicized Memorial Day click-it-or-ticket seat belt campaign, then the equally highly-publicized animal restraint initiative, and now it seems they are highlighting the States “move over” law through statements, radio, and television ads.  The campaign even has its own website.  Traffic safety has seen renewed interest this summer in New Jersey, and along with it, a renewed emphasis on enforcement of often-ignored New Jersey traffic laws. Many other states have traffic laws similar to New Jersey’s ‘move over’ law on the books.

New Law Imposes Fines for “Move Over” Traffic Violations in NJ

The law, which has been effect since 2009, states that when a driver approaches a police, tow truck, or emergency vehicle with flashing lights, the driver is required to move over and create an empty lane next to the emergency vehicle.  You can read the full text of New Jersey traffic statute 39:4-92.2 at the bottom of this post.

Non-compliance with the ‘move over’ law can result in a traffic ticket and a fine of no less than $100 but no more than $500.  So be extra-careful on the roadways and highways of South Jersey, and make sure you move over for emergency vehicles with their lights on, because according to this campaign, the police are out enforcing this law and will write you a ticket if you do not move over or slow down for police and emergency vehicles.

New Jersey traffic statute 39:4-92.2:

Procedure for motorist approaching stationary authorized emergency vehicle, tow truck, highway maintenance or emergency service vehicle.

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 or 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 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 or highway maintenance or emergency service 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.

Joseph Lombardo is a Hammonton, NJ based traffic attorney and criminal defense lawyer who represents clients in every county in Southern New Jersey.  If you have been pulled over and issued a ticket for breaking New Jersey’s ‘no follow’ or any other traffic law, contact Lombardo Law Group, LLC today, we will work to have your ticket reduced or dismissed.

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