The NJ Police Chief Magazine - Vol. 28, Number 6 | Page 16

The New Jersey Safe Passing Law

The New Jersey Police Chief Magazine | February 2022

The New Jersey Safe Passing Law ( NJSPL ), passed with overwhelming statewide support , will go into effect on March 1st .

This law joins the Move Over Law & the Crosswalk Stop Law in providing the law enforcement community tools to protect our most vulnerable roadway users . The new law was added to the NJ Motor Vehicle Code , 39:4-92.4 and provides roadway “ safe -sharing ” rights to cyclists , runners , walkers , rollers , wheelchair users and any person legally allowed on the road . The NJSPL is intended to save lives , reduce injuries , and prevent near misses after vulnerable roadway user fatalities broke the wrong records in 2021 . In 2021 , 23 cyclists and 219 pedestrians lost their lives on NJ roadways . This represents 1 / 3 of all the roadway fatalities and the highest ( pedestrian / cyclist ) death total since 1989 .

What ’ s in the Law ? The NJSPL requires drivers to approach and pass vulnerable road users ( those walking , running , riding a bicycle , on a scooter , and other means ) with “ due caution .” The definition of “ due caution ” focuses on both slowing down ( speed ) and giving the other user plenty of space when passing ( distance ):

· If at all possible , the driver should change into a non-adjacent lane before getting closer than four feet .

· The driver should leave a reasonable , safe distance of at least four feet when approaching the protected users until they can pass safely .

· On a single-lane road , a driver must allow at least a 4-foot safety zone when they pass .

· If 4 feet is not possible on that section of roadway , drivers must slow to 25mph and be prepared to stop until they can safely pass without endangering those sharing the road .

· If those options are not possible , the driver must reduce their speed to 25 miles per hour and be prepared to stop .

· The NJSPL does not supplant current no-passing , or speed laws .

· Violating these guidelines will result in a driver receiving a fine of $ 500 and two motor vehicle points if bodily harm is caused . If no injury occurs , the fine is $ 100 .

In an effort to mitigate as much confusion as possible while creating a safer roadway environment , it has been recommended that a law enforcement agency create a NJSPL rollout timetable . The timetable should include a robust education & engagement period for the agency staff as well as the service community , followed by enforcement of the NJSPL .

Education , Engagement & Enforcement Recommendations :

· Control the narrative : We ’ re listening to all NJ road users to reduce the number of fatalities , injuries , and near misses .

· Share the NJSPL with community leadership and agency staff and post on all social media platforms .

· During the engagement period we encourage LEAs to engage violators and encourage all drivers to pass all roadway users like they are family , friends , or coworkers . Build on the Slow Down / Move Over messages . Remind them if in doubt it ’ s always best to slow down and when you see people ahead “ pass them like you know them .”

· A successful enforcement effort will be measured by the effectiveness of an agency ’ s education and engagement campaign .

· The NJSPL utilizes common enforcement tools ( officer judgement , speed measuring , distance measuring and improper vehicle maneuvering ) to the NJSPL safety zone requirements .

· The 4-foot safety zone requires officer judgement to gauge distance . This is no different from current practices utilized in enforcing :

* Tailgating & passing , distance gauging

* Impaired driving , roadside standardized field sobriety tests

* Traffic signal violations , distance gauging

* Speeding , independent speed estimates

This is not a “ new thing ,” the enforcement of the NJSPL requires a law enforcement officer to utilize the same tools required for most moving violations , an officer ’ s personal observations , a gauge of distance and an officer ’ s independent speed estimation .

Look for training opportunities to help you in your safety campaign . Watch for the weekly Traffic Safety E-Alert to see when training classes ( Title 39 : New Perspectives - https :// theseguysbike . com / title-39-new-perspectives /)) will be available this spring .

Please join us in making New Jersey ’ s roadways safer for all users by enforcing the New Jersey Safe Passing Law to make clear to drivers that the era of “ speed up and squeeze by ” must end to reduce fatalities , injuries , and near misses .

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