Administrative Office of the Courts
Office of Professional and Governmental Services
Glenn A. Grant, J.A.D. Deirdre Naughton
Acting Administrative Director of the Courts Director, Professional and Governmental Services New Law Advisory
Advisory No. 2013-21 Issued: August 8, 2013
To: Assignment Judges
Subject: P.L. 2013, c.86 - Increased fine for failure to keep right on roadways 39:4-88
Enacted: August 8, 2013
Effective: August 8, 2013
Area of Law: Municipal
Contact: Debra Jenkins, Assistant Director for Municipal Practice, 609-984-8241
On August 8, 2013, Governor Christie signed S-530 into law as P.L. 2013, c.86. The new law took effect on August 8, 2013. A copy of the law is attached and is available on the Judiciary Infonet under Legal Reference/Legislation Affecting Courts. Below is a summary of the law.
The new law increases the fines imposed for failure by a motorist to keep right unless overtaking another vehicle (N.J.S.A. 39:4-82) and failure by a motorist to observe traffic lanes (N.J.S.A. 39:4-88) from between $50 and $200 to between $100 and $300. In addition, the law requires that a person who is found guilty of either offense is subject to an additional $50 surcharge. The surcharge imposed for each offense is to be deposited into a fund to pay for the acquisition, installation, and maintenance of signs that remind motorists when entering New Jersey to keep to the right of the roadway except when overtaking and to observe traffic lanes.
The new law adds an exception for a violation of subsection (e) of N.J.S.A. 39:4-88 for certain trucks. Under the exception, trucks may be driven for up to one mile in the farthest left lane when preparing to turn left or when entering or leaving the road from the left lane, or when reasonably necessary in emergency conditions such as poor visibility, snow, accidents, or the presence of emergency vehicles. The new law does not add the truck exception to N.J.S.A. 39:4-82.
Kindly advise appropriate staff of this new law. Please contact Debra Jenkins, Assistant Director for Municipal Practice, 609-984-8241, if you have any questions regarding Chapter 86.
attachment
c: Glenn A. Grant, J.A.D. Clerks of the Court
Municipal Division Presiding Judges Trial Court Administrators
Directors Municipal Division Managers
Assistant Directors Municipal Court Directors and AdministratorsPage 1 of 3
P.L. 2013, c. 86
Approved August 8, 2013
[Second Reprint]
SENATE, No. 530
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
Assemblyman DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
Co-Sponsored by:
Assemblyman Conaway and Senator Beach
SYNOPSIS
Increases fine for failure to keep right or failure to observe traffic lanes; establishes fund to pay for certain signage.
CURRENT VERSION OF TEXT
As amended by the General Assembly on June 20, 2013.
AN ACT concerning penalties for certain traffic violations, creating a fund for the acquisition of certain traffic signage, 1[amending R.S.39:4-88]1 2amending R.S.39:4-882 and supplementing Title 1[52] 391 of the Revised Statutes.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1[1. R.S.39:4-88 is amended to read as follows:
39:4-88. When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following regulations:
a. A vehicle shall normally be driven in the lane nearest the right-hand edge or curb of the roadway when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.
b. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
c. Upon a highway which is divided into 3 lanes, a vehicle shall not be driven in the center lane except when overtaking or passing another vehicle or in preparation for a left turn or unless the center lane is at the time allocated for traffic moving in the direction the vehicle is proceeding and is signposted to give notice of that allocation.Page 2 of 3
d. The State Highway Commissioner may by regulation or local authorities may by resolution or ordinance with respect to highways under their jurisdiction designate right-hand lanes for slow moving traffic and inside lanes for traffic moving at the speed designated for the district as provided under this chapter, and when the lanes are signposted or marked to give notice of the designation a vehicle may be driven in any lane allocated to traffic moving in the direction in which it is proceeding, but when traveling within the inside lanes the vehicle shall be driven at approximately the speed authorized in such lanes and speed shall not be decreased unnecessarily so as to block, hinder or retard traffic.
e. When such roadway had been divided in such a manner that there are 3 or more lanes for traffic in any one direction, no truck of 10,000 pounds registered gross weight or over shall be driven in the farthest left-hand lane, except when and to the extent necessary to prepare for a left turn, or when necessary to enter or leave such roadway by entrance or exit to or from the left lane or when reasonably necessary in response to emergency conditions.
f. The penalty for violation of this section shall be a fine of not less than $100 or more than $300. The State Treasurer shall annually deposit $50 of each fine collected from the fines imposed pursuant to this section into the fund established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1968, c.432, s.1)]1
21. R.S.39:4-88 is amended to read as follows:
When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following regulations:
a. A vehicle shall normally be driven in the lane nearest the right-hand edge or curb of the roadway when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.
b. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
c. Upon a highway which is divided into 3 lanes, a vehicle shall not be driven in the center lane except when overtaking or passing another vehicle or in preparation for a left turn or unless the center lane is at the time allocated for traffic moving in the direction the vehicle is proceeding and is signposted to give notice of that allocation.
d. The State Highway Commissioner may by regulation or local authorities may by resolution or ordinance with respect to highways under their jurisdiction designate right-hand lanes for slow moving traffic and inside lanes for traffic moving at the speed designated for the district as provided under this chapter, and when the lanes are signposted or marked to give notice of the designation a vehicle may be driven in any lane allocated to traffic moving in the direction in which it is proceeding, but when traveling within the inside lanes the vehicle shall be driven at approximately the speed authorized in such lanes and speed shall not be decreased unnecessarily so as to block, hinder or retard traffic.
e. When such roadway had been divided in such a manner that there are [3] three or more lanes for traffic in any one direction, no truck of 10,000 pounds registered gross weight or over shall be driven in the farthest left-hand lane, except :
(1) when and to the extent necessary to prepare for a left turn [, or] ; a truck may be driven in the farthest left lane for up to one mile to prepare for a left hand turn as authorized under this paragraph;
(2) when necessary to enter or leave such roadway by entrance or exit to or from the left lane [or] ; a truck may be driven in the farthest left lane for up to one mile to prepare to enter or leave the roadway as authorized under this paragraph;Page 3 of 3
(3) when reasonably necessary in response to emergency conditions; for the purposes of this paragraph, “emergency conditions” shall include, but not be limited to: poor visibility, snow, accidents, or the presence of emergency vehicles.2
(cf: P.L.1968, c.432, s.1)
2[11.] 2.2 The penalty for a violation of failing to keep right under R.S.39:4-82 or failure to observe traffic lanes under R.S. 39:4-88 shall be a fine of not less than $100 or more than $300. In addition to any fine that may be imposed, a surcharge of $50 shall be imposed on each person found guilty of a violation of R.S.39:4-82 or R.S.39:4-88. The State Treasurer shall annually deposit the surcharge into the fund established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).1
1[2. (New section) There is created within the New Jersey Department of Treasury, a separate, non-lapsing fund. Of the total collected for each violation of R.S.39:4-88, $50 shall be deposited in the fund. Unless otherwise specifically provided by law, monies in the fund shall be utilized exclusively to acquire, install, and maintain highway signs that notify motorists entering New Jersey to comply with the provisions of R.S.39:4-88.]1
2[12.] 3.2 There is created within the Department of the Treasury, a separate, non-lapsing fund that shall be administered by the Department of Transportation. The fund shall be the repository for the $50 surcharge imposed for each violation of R.S.39:4-82 and R.S. 39:4-88. Unless otherwise specifically provided by law, monies in the fund shall be utilized exclusively to acquire, install, and maintain highway signs that notify motorists entering New Jersey to comply with the provisions of R.S.39:4-82 and R.S.39:4-88.1
2[3.] 4.2 This act shall take effect immediately.
