| TITLE 39 MOTOR VEHICLE LAWS Traffic Law Enforcement is directly related to accident prevention, almost all people have certain misconceptions concerning enforcement and its objectives. Traffic laws are an attempt by society to specify a desirable pattern of behavior on the highway. Traffic laws are written to prescribe how people shall behave in using and sharing the highway to avoid accidents. Since violations increase the likelihood of accident occurrence, one means of reducing occurrences is to reduce the frequency with which drivers violate traffic laws. Since violations occur much more frequently than accidents, the violation rate must be decreased considerably before the accident rate is affected. Observational Effects If a driver sees an officer or police vehicle, he is reminded that he must obey the law or suffer the consequences. The officer is a symbol of authority that inhibits certain types of driving behavior. The strength of that symbol is determined by the enforcement officers. If action is taken each time a violation is observed, the deterrent effect tends to be high. If action is infrequent, the effect is low. By Reputation If enforcement is steady and active over a long period of time, drivers develop the feeling that their risk of being apprehended at any time is high. As a result, long term changes in the driving habits of the community gradually begin to take place. It is this influence that enforcement strives to attain. The following states do not exchange violation information with the State of New Jersey: Connecticut, Georgia, Kentucky, Massachusetts, North Carolina, Pennsylvania, Texas and Wisconsin. Other Facts - Pa vs. Mimd - Driver can be ordered out of vehicle for officers' safety.
- Private Property Statutes: 4-48, 4-49, 4-50, 4-56.6, 4-129, 3-40.
- Chapter 4 statutes apply on school property.
- NJAC 13:20-33.6: Federal law 70% unobstructed vision.
- Approximately 300 statutes under Title 39.
- 39:5-3 30 day statute of limitations, 90 days on 3-40, 180 days on 6B-2, 1 year on 3-12, 3-34, 3-37, 4-129, 10-24.
Facts Relating to Speed (supplied by NHTSA, USDOT) - Crash severity increases based on the speed at impact, chances of death or serious injury double for every 10 mph over 50 mph.
- Crash involvement rates are almost 6 times greater for vehicles traveling 10 mph above or below the average speed.
- In 1994, 44% of speed related fatalities occurred on non-interstate roads posted at 55 mph.
- Nearly 40% of male drivers ages 15-20 years old involved in fatal crashes were speeding.
- The cost to society of speed related crashes are estimated to be more than $23 billion each year.
- Only 35% of passenger vehicle drivers involved in speed related fatal crashes were using safety belts.
Symptoms of Aggressive Driving - Tailgating
- Improper passing
- Flashing lights
- Cutting drivers off
- Speeding
- Hand gestures
- Weaving thru traffic
- Honking horns
- Dueling on roads
If on the receiving end of assault by driving, put your pride in the back seat. - Don't react in kind
- Make every attempt to get out of the way
- Do not challenge them
- Avoid eye contact
- Do not return gestures
- Get license number and report them.
Remember, a 3,000 pound vehicle in the hands of a rude and irresponsible or hostile driver is a lethal weapon. More people die by the violence of motor vehicle crashes than by any other source of violence. 39:1-1 Definitions Automobile - Includes all motor vehicles except motorcycles. Berm - That portion of the highway exclusive of roadway and shoulder, bordering the shoulder but not used for vehicular traffic. Commercial Motor Vehicle - Includes every type of motor driven vehicle used for commercial purposes such as the transportation of goods, wares and merchandise . Crosswalk - Any portion of a highway distinctly indicated for pedestrian crossing by lines or other marking on the surface. Driver - The rider or driver of a horse, motorcycle, bicycle or driver or operator of a motor vehicle. Gross Weight - The combined weight of a vehicle and load thereon. Highway - The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the public for purposes of vehicular travel. Motor Vehicle - Includes all vehicles propelled other than by muscular power, except such vehicles as run only upon tracks or motorized bicycles. Omnibus - A person who is in actual physical control of a vehicle or street car. Pedestrian - A person afoot. Right-of-Way - The privilege of the immediate use of the highway. Roadway - That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of berm or shoulder. Stop - The complete cessation from movement. Traffic - Pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together, while using any highway for purposes of travel. Traffic Control Signal - A device, whether manually, electrically, mechanically or otherwise controlled by which traffic is alternately directed to stop and proceed. NJ Statutes 39:3-4 Vehicle Registration Required 1. Unregistered vehicles shall not be permitted to be driven, parked or stand on a public highway.
2. A Police Officer is authorized to remove any such vehicle on a public highway.
39:3-9a Failure to Notify of Name Change; Failure to Sign License 1. DMV to be notified within two weeks after name change.
2. A license shall be endorsed in handwriting.
39:3-10 Driver's License Required 1. A license or permit required to operate a motor vehicle.
39:3-11 Failure to Comply with Restriction Codes 1. A license was granted with reasonable conditions placed on the applicant such as the use of eyeglasses.
39:3-17.1 Continuation of Non-Resident Driving Privilege 1. Non-resident privilege ends 60 days after becoming resident.
39:3-29 Failure to Exhibit Documents 1. License, registration and insurance card to be exhibited upon request of Officer.
2. Government vehicle, vehicle under control of ICC, PUC or vehicles registered out of state are exempt from insurance requirement.
39:3-32 Lost, Damaged or Defaced License Place to be Replaced 1. Must be reported to DMV and replaced within 24 hours.
39:3-33 Display of License plates 1. Must be displayed not less than 12 inches, nor more than 49 inches height.
2. Must be horizontal, free from swinging, fee of obstruction.
39:3-36 Failure to Notify of Address Change 1. DMV to be notified within 1 week of change of address.
39:3-40 Driving While Suspended 1. No person shall operate a vehicle whose license privilege has been revoked. Penalties for Violation of 39:3-40 - 1st Offense: $500, up to 6 months additional suspension.
- 2nd Offense: $750, 5 days in jail, up to 5 months additional suspension.
- 3rd Offense: $1,000 fine, 10 days in jail, up to 6 months additional suspension, 45 additional days in jail if involved in an injury accident.
39:3-44 Unsafe Vehicle 1. A vehicle in such condition as to endanger or likely to endanger a person or property shall not be driven, moved or parked on a highway.
39:3-47 Lighted Lamps Required 1. Any time from 1/2 hour after sunset to 1/2 hour before sunrise.
2. Any other time when visibility is less than 500 feet.
3. When windshield wipers are activated.
39:3-50 Color of Lamps 1. White or amber to front of vehicle.
2. Red or amber to rear of vehicle.
3. Permit required for flashing lights.
39:3-60 Improper Use of Multiple Beam Headlights 1. High beams not to be used within 500 feet of other vehicles.
39:3-66 Maintenance of Lamps 1. All lamps must be kept clean and in good working order.
39:3-69 Horn and/or Audible Warning Device 1. Every motor vehicle shall be equipped with a horn audible from a distance of not less than 200 feet used only when necessary to ensure safe operation.
39:3-70 Loud, Defective or No Muffler 1. All motor vehicles having a combustion motor to be equipped with muffler.
2. Must prevent excessive or unusual noise and annoying smoke.
39:3-71 Mirrors 1. Every passenger vehicle manufactured after 1/1/65 to be equipped with interior and driver's side mirror.
39:3-72 Tires 1. Unsafe tire - any exposed ply or cord, any bump, bulge, knot or excessive tread wear.
39:3074 Windshields 1. At least one wiper required on driver's side.
2. No stickers, posters, etc. on windshield.
39:3-75 Safety Glass 1. Vehicle shall not be driven with unduly fractured, discolored or deteriorated safety glass.
39:3-76.2a Child Restraints 1. Children up to 8 years shall be secured in a rear set with a federally approved child restraint system.
39:3-76.2f Required Wearing of Seat Belts 1. Every driver and front seat passenger of a passenger automobile shall wear a properly adjusted and fastened seat belt.
39:3-77 Unapproved Equipment or Devices 1. No person shall sell, offer or use any unapproved device or equipment for use on a motor vehicle.
39:3-79.1 Mud Flaps 1. Any bus, truck, full trailer or semi trailer exceeding a gross weight of 3 tons must be equipped with a rear wheel dirt flap.
39:3-81 Use of Studded Tires 1. Use of studded tires approved between 14 November and 1 April or as determined by director.
39:4-10 Lamps and Reflectors on Bicycles 1. Bicycles, when operated at night, shall be equipped with a lamp on the front which shall emit a white light visible at a distance of 500 feet. They shall also be equipped with a red lamp at the rear visible at a distance of 500 feet.
39:4-11 Audible Signal on Bicycles 1. No bicycle shall be operated unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet.
39:4-12 Improper Riding on Bicycle 1. A person on a bicycle shall not ride or carry another passenger on anything but a permanent and regular seat attached to the bicycle.
39:4-14 Hitching on Vehicles Prohibited 1. No person riding on a bicycle, coaster, skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
2. A person shall not ride a bicycle with his hands and feet removed from the handlebars and pedals, nor shall he practice trick or fancy riding in a street.
39:4-14.1 Rights and Duties of Bicycle Rider 1. Bicycle rider to comply with applicable provisions of Title 39.
39:4-32 Improper Crossing of Roadway by Pedestrian 1. Pedestrians shall not cross roadway against stop signal or traffic device or officer.
2. A pedestrian crossing one "go signal" has the right of way over all vehicles until he has reached the opposite curb.
39:4-34 Pedestrian to Use Crosswalk 1. Unlawful for pedestrians to cross any highway separated by medial barrier except where a provision is made for a crossing.
2. On all highways where no sidewalks or paths are provided, pedestrians shall, when practical, walk only on the extreme left side of
the roadway or its shoulder facing traffic.
3. Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
39:4-35 Pedestrians Right to Complete Crossing 1. Non-operator of a vehicle shall fail to give the right-of-way to a pedestrian at a crosswalk where the pedestrian has begun his crossing properly.
39:4-46a Display of Name and Address 1. Every commercial vehicle shall display the name of the owner or lessee and the municipality in which the owner or lessee has his principal place of business.
2. Franchised public utilities and fleets of 50 or more vehicles may display a corporate code instead.
3. The sign or nameplate shall be in plain view and lettering shall be as close as possible to 3 inches in height.
39:4-46b Display of GVWR 1. Vehicles over 26,000 pounds are to display a Gross Vehicle Weight Rating.
39:4-48 Owners of Consent to Use Motor Vehicle 1. No person shall operate or use a motor vehicle without the permission of the owner.
39:4-49 Tampering with a Motor Vehicle 1. No person shall tamper or interfere with a vehicle or put its engine in motion while it is standing without the permission of the owner.
39:4-49.1 Operating with Drugs in Possession or in Motor Vehicle 1. No person shall operate a vehicle on any highway while knowingly having in their possession any CDS as defined in schedules I, II, III, IV or V.
39:4-50 Driving While Intoxicate/Allowing Another to Operate 1. No person to operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug.
2. .010% or more by weight of alcohol in the defendants blood.
3. No person to allow operation of a vehicle by person under the influence or intoxicating liquor, narcotic, hallucinogenic or habit producing drug. Penalties for Violation of 39:40-50 - 1st Offense: $250-$400, IDRC, 6 months - 1 year suspension, possible 30 days in jail.
- 2nd Offense: $500-$1,000, 30 days community service, 2-90 days in jail, 2 year suspension.
- 3rd Offense: $1,000 fine, 180 days in jail, 10 year suspension
39:4-50.2 Consent to Taking Breath Samples 1. A person who operates a vehicle on any public road, street or highway or quasi public area in this state shall be deemed to have given consent to the taking of breath samples to determine the content of alcohol in his blood.
2. No right to refuse or consult with anyone prior to taking the sample.
39:4-51a Consumption of Alcohol in Vehicle 1. A person shall not consume an alcoholic beverage while operating a vehicle.
2. A passenger shall not consume an alcoholic beverage while a vehicle is being operated.
3. Presumption of consumption if unsealed container in passenger compartment of vehicle appears to be partially consumed and operator or passenger has physical appearance of having consumed it.
39:4-52 Racing on Highway 39:4-53 Leaving Engine Running 1. No person shall leave a vehicle on a highway with its engine running and unoccupied by someone capable to control it.
39:4-56 Delaying of Traffic 1. No person shall drive or conduct a vehicle in such condition so constructed or so leaded to be likely to cause delay in traffic.
39:4-56.5 Abandonment of Vehicle 1. A vehicle which has remained on highway or the property in excess of 48 hours or without current license plates for any period.
39:4-56.6 Parking on Private Property without Consent 39:4-57 Failure to Comply with Directions of Officer 1. Drivers or vehicle shall, at times, comply with the direction by voice or hand of a police officer.
39:4-58 Driving with View Obstructed 39:4-59 Begging Rides Prohibited 39:4-60 Soliciting Trade or Contributions Prohibited 39:4-61 Tailboard Riding 39:4-63 Placing Injurious Substance on Roadway 1. Any glass, other sharp, injurious or cutting substance.
39:4-64 Littering 1. No person shall drop any bundle, object, article or debris of any nature from a vehicle, whether in motion or not, when such vehicle is on the highway.
39:4-67 Obstructing Passage of Other Vehicles 39:4-69 Riding on Parts not Intended for Passengers 39:4-71 Driving on Sidewalk 39:4-77 Loading so as to Spill 1. A load which extends above the height of sides or tailgate of a vehicle shall be covered by a tarpaulin or other cover.
39:4-80 Traffic Control by Officers 39:4-81 Disregard of Traffic Control Device 39:4-82 Keeping to Right 39:4-85 Improper Passing 39:4-86 Driving to Left of Center Line 39:4-88 Traffic on Marked Lanes 39:4-89 Following Too Closely 39:4-90 Right of Way at Intersections 39:4-92 Clearance for Authorized Emergency Vehicle 39:4-96 Reckless Driving 1. A person who drives a vehicle heedlessly, in a willful or wanton disregard of the rights of safety of others in a manner so as to endanger or likely to endanger person or property.
39:4-97 Careless Driving 1. A person who drives carelessly or without due caution and circumspection in a manner so as to endanger or likely to endanger person or property.
39:4-97a Destruction of Agricultural or Recreational Property 39:4-97.1 Impeding Slow Speed Prohibited 39:4-98 Speeding 39:4-11.5b Right Turn at Red Signal 1. Must come to a complete stop and yield to all traffic and pedestrians before proceeding.
39:4-123 Right and Left Hand Turns 39:4-123 Marked Turning Courses 39:4-125 Improper U-Turns 39:4-126 Failure to Signal Turn 39:4-127 Improper Backing or Turning in Street 39:4-128.1 Passed Stopped School Bus 1. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved was the person who committed the act.
39:4-129 Leaving the Scene of an Accident Penalties for Violation of 39:4-129 1st Offense: $500 to $1,000 or imprisoned for 180 days or both. 2nd Offense: Not less than $1,000 nor more than $2,000 or imprisoned for 180 days or both.
39:4-135 Improper Parking 1. Parallel with edge of the curb.
2. Facing in the direction of traffic.
3. Within 6 inches of the curb.
39:4-136 Parking on Highway 1. Clear and unobstructed width of 15 feet upon the roadway opposite the standing vehicle.
2. Clear view of the vehicle may be obtained from a distance of 200 feet in each direction upon the roadway.
3. Person shall immediately, by quickest means, notify the nearest police authority.
4. Police Officer may remove vehicle.
39:4-137 Parking Brake to be Set 39:4-138 Parking Prohibitions A. Within an intersection
B. On a crosswalk
C. Between a safety zone and adjacent curb
D. In front of a driveway
E. Within 25 feet of an intersecting road or crosswalk
F. On a sidewalk
G. In a No Parking area
H. Tithing 50 feet of a stop sign
I. Within 10 feet of a fire hydrant
J. Within 50 feet of a rail crossing
K. Within 25 feet of a driveway to a fire station
L. Alongside a street excavation
M. On the roadway side of any stopped vehicle
N. Upon any bridge or elevated roadway
O. In a handicapped spot
39:4-144 Failure to Stop and Yield 39:4-183.3 Display of Unauthorized Traffic Signals 39:5-35 Failure to Surrender Suspended Drivers License 39:6B-2 Uninsured Vehicle 1. Vehicle registered or principally garaged in New Jersey Penalties for Violation of 39:6B-2 - 1st Offense: $300, period of community service, 1 year suspension.
- 2nd Offense: $500, 14 days in jail, 30 days community service, 2 year suspension.
39:8-1 Failure to Inspect 39:8-4 Failure to Make Repairs or Re-Inspect 39:8-6 Failure to Display Inspection Sticker 39:8-9 Refusal to Inspect |