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In August 2021, New Jersey Governor Phil Murphy signed a new state “Move Over” law. This requires drivers to move over and slow down when attempting to pass bikes, scooters, and pedestrians who are using the road. It joins 42 other states that have “safe passing” or Move Over laws.
New Jersey can be a particularly deadly state for those on the roads who are not in motor vehicles. The Governors Highway Safety Association reported that pedestrian deaths increased in the state in 2020 by 9%, which is nearly twice the national average.
Read below to find out everything you need to know about New Jersey’s new “move over” law.
The Move Over Law in New Jersey
Prior to the expansion of the law this year, New Jersey Statute 39:4-92.2 only protected emergency vehicles that were flashing lights on the side of the road. It required motorists to move over one lane when approaching a stationary, authorized emergency vehicle with flashing, blinking, or alternating lights.
Now the same rule applies to include those on bikes and scooters as well as pedestrians. New Jersey now requires drivers to move over or slow down when passing pedestrians, cyclists, and other non-motorists on roadways.
It requires drivers to move over one lane or allow at least 4 feet of space when passing, if it’s safe. If that isn’t possible, the driver must reduce their speed to no more than 25 mph and be prepared to stop to avoid a collision.
What Vehicles are Included in the Move Over Law?
The goal of the original 2009 law was to protect the lives of highway workers and first responders stopped on the side of the road, including:
– Fire trucks
– Ambulances
– Tow trucks
– Highway maintenance
– Emergency service vehicles
– Sanitation vehicles
The New Move Over Law in New Jersey
The 2021 New Jersey Safe Passing Law is designed to remind motorists that they must share the roads with those who are not in vehicles, whether they are bicyclists, pedestrians forced to walk down a road with no sidewalks, or those with mobility challenges who are on motorized scooters.
Drivers who violate the law face fines and those who violate the law AND cause injury may be subject to larger fines and points on their license. Of course, they may also face additional liabilities for the personal injury caused to others.
What Is the Fine for Not Moving Over in New Jersey?
If a New Jersey motorist does not abide by the law, they face a fine of $100. But in this case, no points will be added to their license. However, more serious infractions involving injury carry a $500 fine as well as 2 points on their motor vehicle license.
If a driver is a repeat offender, the penalties are more severe. And accumulating points on a license may result in additional penalties, including surcharges and license suspension.
Why is the Move Over Law So Important?
The law is designed to protect vulnerable people using the roadways from distracted drivers.
According to New Jersey State Police Fatal Accident Statistics, bicyclist deaths on roadways continue to increase each year from 11 in 2019 to 22 in 2021. In 2019 there were 166 pedestrians killed on roadways, but in 2021 that number went up to 205.
So far this year, according to State Police statistics, cyclists and pedestrians account for 62 of the 216 traffic fatalities in the state. Distracted drivers have continued to be a problem.
Since 2009, over 28,000 citations have been issued for violations of New Jersey’s Move Over Law. The state has started an aggressive awareness campaign to ensure drivers understand their responsibilities when it comes to emergency vehicles in particular.
The AAA Foundation for Traffic Safety recently found that despite efforts to save lives, many drivers still don’t understand why it’s important to comply with the law. Some are not aware of the high risk motor vehicles can pose to roadside workers, specifically. AAA found that on average, a first responder is killed every other week in the United States while working at the roadside.
The AAA’s national survey of drivers also showed among drivers who do not comply with Move Over laws, 42% did not think that it was dangerous at all to roadside workers. Even more surprising, Among those who said they were aware of the law, 15% said they still did not understand it.
Defenses For Not Moving Over
Today, all 50 US states have some version of a Move Over law and it’s a driver’s responsibility to understand the laws of the road. However, there are reasons why a person might choose to fight a citation for violating the law.
For example, if you are pulled over for not pulling over for flashing lights or other vulnerable people on the roadway, such as cyclists and pedestrians, you can explain to the officer why you didn’t feel it was safe. It may be the case that traffic conditions or other impediments prevented you from being able to switch lanes. However, you still have the responsibility to slow down your vehicle in order to make conditions safer for everyone.
If it turns out you violated both recommendations (to pull over and/or slow down), you may need to explain why you didn’t see the person or vehicle on the side of the road. If the emergency lights on an emergency or construction vehicle were not flashing at the time, it’s possible that the danger was invisible.
Hire an Attorney Through Appwinit.Com to Fight Your Case
If you decide to fight your ticket, hire an attorney through the WinIt app at appwinit.com to work on your case. This technology-enabled platform allows you to search for an attorney easily based on the kind of ticket you received.
If you wait to pay your ticket, you may have late fees to contend with as well. So it’s best to take care of any driving violations right away.
You can get a free ticket consultation by calling (551) 213-5851.
