STATE OF NEW JERSEY
213th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION
Sponsored by:
Assemblywoman SHEILA Y. OLIVER
District 34 (Essex and Passaic)
Assemblywoman JOAN M. QUIGLEY
District 32 (Bergen and Hudson)
Assemblyman JAMES W. HOLZAPFEL
District 10 (Monmouth and Ocean)
Assemblywoman LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblywomen Vainieri Huttle, Wagner, Assemblymen Giblin, Ramos, Vas, Scalera, Conners and Gusciora
SYNOPSIS
Imposes conditions on drivers approaching stopped emergency vehicles, tow trucks or highway maintenance vehicles displaying flashing lights.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning motor vehicle operators and supplementing chapter 4 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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 light 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 P.L.1999, c.396 (C.39:3-84.6 et seq.) 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 subsection 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 this section shall be punished by a fine of not less than $100 and not more than $500.
2. This act shall take effect immediately.
STATEMENT
This bill requires motor vehicle operators to reduce the speed of their vehicles and change lanes when approaching an authorized emergency vehicle, tow truck, or highway maintenance or emergency service vehicle that is displaying flashing, blinking, or alternating emergency lights.
Under the bill’s provisions, the operator of a motor vehicle approaching an authorized emergency vehicle is to approach the vehicle with due caution and, absent any other direction by a law enforcement officer, make a lane change into a lane not adjacent to the authorized emergency vehicle. If a lane change would be impossible, prohibited by law or unsafe, the operator is to reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which must be less than the posted speed limit, and be prepared to stop.
The bill also requires the operator of a motor vehicle approaching a stationary tow truck or highway maintenance or emergency service vehicle to approach the vehicle with due caution and, absent any other direction by a law enforcement officer, 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. If a lane change would be impossible, prohibited by law or unsafe, the operator is to reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which must be less than the posted speed limit, and be prepared to stop.
A violation of the bill’s provisions is punishable by a fine of $100 to $500.