A4813 2R

An Act imposing ¹[condition] conditions¹ on drivers approaching ¹[certain public utility] ²certain² stationary¹ vehicles ¹, revising the public awareness campaign,¹ and amending P.L.2009, c.5 ²[and] ,² P.L.2019, c.370 ², and R.S.39:3-41².

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2009, c.5 (C.39:4-92.2) is amended as follows:

1. a. The operator of a motor vehicle approaching a stationary ¹[authorized emergency]¹ vehicle ²,² as ¹the term “vehicle” is¹defined in R.S.39:1-1 ¹[that is displaying a flashing, blinking, or alternating red or blue light, or any configuration of lights containing one of these colors]¹ , ²that is displaying flashing or blinking lights² shall approach the ¹[authorized emergency]¹ ²stationary² 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 ¹[authorized emergency]¹ ²stationary² 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 ²,² 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. ¹[The operator of a motor vehicle approaching a stationary tow truck as defined in section 1 of P.L.1999, c.396 (C.39:3-84.6) that is displaying a flashing amber light, 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, [or] a stationary sanitation vehicle displaying a flashing amber warning light pursuant to section 1 of P.L.2011, c.3 (C.39:3-54.27), or a stationary vehicle owned or leased by a public utility as defined by R.S.48:2-13 displaying a flashing light or a stationary vehicle owned or leased by an employee of a public utility as defined by R.S.48:2-13 or by a member of the employee’s family displaying a flashing amber light pursuant to P.L.2007 c.242 (C.39:3-54.24) 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, highway maintenance or emergency service vehicle, [or] sanitation vehicle, or vehicle owned or leased by a public utility or owned or leased by an employee of a public utility or a member of the employee’s family if possible in the existing safety and traffic conditions; or

(2) if a lane change under paragraph (1) of subsection b. 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.] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)¹

c. ¹[The operator of a motor vehicle approaching a disabled vehicle that is flashing hazard warning signal lights or utilizing road flares or reflective triangles shall approach the disabled 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 disabled vehicle if possible in the existing safety and traffic conditions; or

(2) if a lane change pursuant to paragraph (1) of subsection c. 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.] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)¹

d. A person who violates this section shall be fined not less than $100 and not more than $500.

In addition to the fine imposed pursuant to this subsection, a person convicted of three or more offenses under this section that occur within a 12-month period shall be assessed two motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

¹[A motor vehicle operator shall not be assessed motor vehicle penalty points unless the stationary vehicle is displaying flashing, blinking, or alternating lights or utilizing road flares or reflective triangles in accordance with this section at the time of the third or subsequent violation.]¹

²A motor vehicle operator shall not be assessed motor vehicle penalty points unless the stationary vehicle is displaying flashing or blinking lights in accordance with this section at the time of the third or subsequent violation.²

(cf: P.L.2023, c.325, s.1)

2. Section 2 of P.L.2019, c.370 (C.39:4-92.3) is amended as follows:

2. The Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety shall establish a public awareness campaign to inform the general public concerning:

(1) the importance of motor vehicle operators ²[reducing the speed of their vehicles and]² changing lanes ²or reducing the speed of their vehicles and being prepared to stop² when approaching ¹[an authorized emergency vehicle; a tow truck; or a highway maintenance, emergency service, or sanitation vehicle; or a vehicle owned or leased by a public utility or owned or leased by an employee of a public utility or a member of the employee’s family that is displaying flashing, blinking, or alternating emergency lights or a disabled vehicle flashing hazard warning signal lights or utilizing road flares or reflective triangles] a stationary vehicle¹ ²that is displaying flashing or blinking lights,² as required pursuant to section 1 of P.L.2009, c.5 (C.39:4-92.2);

(2) the risks associated with the failure of a motor vehicle operator to comply with the provisions of section 1 of P.L.2009, c.5 (C.39:4-92.2); and

(3) the penalties and fines that are imposed on a motor vehicle operator who violates section 1 of P.L.2009, c.5 (C.39:4-92.2).

(cf: P.L.2023, c.325, s.2)

²3. R.S.39:3-41 is amended to read as follows:

39:3-41. a. At the time of the issuance of an examination permit or a special learner’s permit to operate a motor vehicle, the chief administrator shall make available to each applicant for the examination permit or special learner’s permit a driver’s manual containing information required to be known and followed by licensed drivers relating to licensing requirements.

b. At the time of any required examination for renewal of a driver’s license, the chief administrator shall upon request make available to each applicant for renewal a copy of the manual and any supplements thereto.

c. The driver’s manual and any supplements thereto or any other booklet or writing prepared in connection with examinations for drivers’ licenses or for renewals of drivers’ licenses shall contain all information necessary to answer any question on an examination for a driver’s license or for a renewal of a driver’s license.

The chief administrator shall publish the driver’s manual on the website of the commission in English and each of the three languages, other than English, most commonly spoken in the State, as determined by the chief administrator. The chief administrator shall periodically, and at least every five years, verify the three languages, other than English, most commonly spoken in the State.

d. The chief administrator, following consultation with the organ procurement organizations designated pursuant to 42 U.S.C. s.1320b-8 to serve in the State of New Jersey, shall include in the driver’s manual information explaining the provisions of the “Revised Uniform Anatomical Gift Act,” P.L.2008, c.50 (C.26:6-77 et al.), the beneficial uses of donated organs and tissues, and the procedure for indicating on the driver’s license the intention to make a donation pursuant to section 1 of P.L.1978, c.181 (C.39:3-12.2). The chief administrator may distribute all remaining copies of the existing driver’s manual before reprinting the manual with the information required pursuant to this subsection.

e. The chief administrator, in consultation with the Nikhil Badlani Foundation, shall include in the driver’s manual information explaining the dangers of failing to comply with this State’s motor vehicle traffic laws and indicating that interested drivers may take the STOP for Nikhil Safety Pledge set forth in paragraph (1) of this subsection.

(1) The “STOP for Nikhil Safety Pledge” is as follows:

“In order to ensure the safety of others on the road, passengers in my car, and myself as a driver, I pledge to obey traffic laws while operating a motor vehicle, be extra cautious, and be attentive to traffic signs and signals and road conditions. Specifically:

I will come to a complete stop at every “stop” sign or red traffic light, and will not proceed through a red traffic light;

I will stay alert, keep two hands on the steering wheel whenever possible, and keep my mind on the road;

I will talk safely by using a hands-free wireless telephone while driving if I am of lawful age to do so and refrain from texting while driving; and I will plan ahead and leave enough time to arrive at my destination.”

(2) The chief administrator shall ensure that drivers have the option of taking the pledge set forth in paragraph (1) of this subsection by filling out a standard form made available at motor vehicle offices or by following instructions publicized by the chief administrator directing interested drivers to the appropriate website to complete the pledge.

(3) The chief administrator may distribute all remaining copies of the existing driver’s manual before reprinting the manual with the information required pursuant to this subsection.

f. The chief administrator, in consultation with the Commissioner of Health and the Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety, shall include in the driver’s manual information explaining the dangers of carbon monoxide poisoning from motor vehicles and techniques for the safe operation and proper maintenance of a motor vehicle. The chief administrator may distribute all remaining copies of any existing driver’s manual before reprinting the manual with the information required pursuant to this subsection.

g. The chief administrator, in consultation with the Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety, shall include in the driver’s manual information pertaining to the importance of operating a motor vehicle in a manner that safely shares the roadway with pedestrians, cyclists, skaters, riders of motorized-scooters, and other non-motorized vehicles, which shall include, but not be limited to, a driver’s responsibilities when approaching and passing a pedestrian or person operating a bicycle or personal conveyance on the roadway pursuant to section 1 of P.L.2021, c.194 (C.39:4-92.4) and the penalties for failing to comply with these responsibilities.

h. The chief administrator, in consultation with the Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety, shall include in the driver’s manual information that instructs pedestrians, cyclists, skaters, riders of motorized-scooters, and riders of other non-motorized vehicles on the proper safety procedures while sharing the roadway with motorists.

i. The chief administrator, in consultation with the Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety, shall include in the driver’s manual information that instructs motorists on the importance of changing lanes or reducing the speed of their vehicles and being prepared to stop when approaching a stationary vehicle that is displaying flashing or blinking lights, as required by section 1 of P.L.2009, c.5 (C.39:4-92.2).²

(cf: P.L.2025, c.103, s.3)

²[3.] 4.² This act shall take effect immediately.