Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Senator ANTHONY M. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Imposes certain requirements on operators of motor vehicles when overtaking bicycles; establishes fine for collision with bicyclist under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motor vehicles overtaking bicycles 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. The operator of a motor vehicle overtaking and passing a bicycle, as defined in R.S.39:4-14.5, proceeding in the same direction on a highway shall comply with the requirements for passing and overtaking a motor vehicle pursuant to Title 39 of the Revised Statutes and shall overtake and pass a bicycle at a safe distance that does not interfere with the safe operation of the bicycle, taking into consideration the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and the surface and width of the highway.
b. The operator of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator.
c. If an operator of a motor vehicle is not able to comply with the provisions of subsection b. of this section due to traffic or roadway conditions, the operator shall slow to a speed that is reasonable and prudent and may pass the bicycle only when passing would not endanger the safety of the operator of the bicycle, taking into consideration the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and the surface and width of the highway.
d. A person who violates the provisions of this section shall be subject to a fine of $100.
e. If a collision occurs between a motor vehicle and a bicycle causing bodily injury to the operator of the bicycle and the operator of the motor vehicle is found to be in violation of subsection a., b., or c. of this section, the operator of the motor vehicle shall be subject to a fine of $400.
2. This act shall take effect on the first day of the seventh month after enactment.
STATEMENT
This bill imposes certain requirements on operators of motor vehicles overtaking bicycles and establishes a fine for a violation or collision with a bicyclist under certain circumstances.
Under the provisions of this bill, the operator of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway is required to comply with the requirements for passing and overtaking a motor vehicle under current law and is to pass and overtake a bicycle at a safe distance that does not interfere with its safe operation, taking into consideration the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and the surface and width of the highway.
The bill further provides that the operator of a motor vehicle is not to overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or operator. If an operator of a motor vehicle is not able to comply with this provision due to traffic or roadway conditions, the operator of the motor vehicle is required to slow to a speed that is reasonable and prudent and may pass the bicycle only when passing would not endanger the safety of the operator of the bicycle, taking into consideration the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and the surface and width of the highway.
A person who violates the provisions of the bill is subject to a fine of $100. If a collision occurs between a motor vehicle and a bicycle causing bodily injury to the operator of the bicycle and the operator of the motor vehicle is found to be in violation of the bill’s provisions, the operator of the motor vehicle is subject to a fine of $400.