Sunday - November 15, 2009
Gray Areas
Along with 46 other states, New Jersey now has a “move over” law. This law codifies and establishes penalties for not doing the right thing: when you come upon an emergency vehicle by the side of the road, you should move over and slow down. This is what decent people do any way, but not everyone is decent. Police and other emergency workers have been hit by traffic while doing their jobs. So NJ made a law. But the law they made is full of holes. Gray areas. Nebulosity. Take a look:
New Jersey Statute 39:4-92.2
Procedure for motorist approaching stationary authorized emergency vehicle, tow truck, highway maintenance or emergency service vehicle.
1. a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle as defined in R.S.39:1-1 that is displaying a flashing, blinking or alternating red or blue light or, any configuration of lights containing one of these colors, shall approach the authorized emergency 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 authorized emergency 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 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. 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 or 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 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 or highway maintenance or emergency service vehicle 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.
c. A violation of this section shall be punished by a fine of not less than $100 and not more than $500.
Given the silly redundancy of paragraph 1.b being nearly identical to paragraph 1.a, when “any emergency vehicle with a flashing, blinking, or alternating red, blue, or amber light” would have covered it, I can find at least 2 aspects of this law that should make it unenforceable. It all ALWAYS comes down to “he said she said”, and if it’s “the cop said”, you lose.
I’d like to take a national survey. Millions of surveyed people. Do you believe that you stand even a moderate chance of beating a ticket in traffic court? My bet is that not even 15% think so.
And no, I didn’t get a ticket. I just happened to find out about this law, which is new this year in my state. You know how they went about letting people know the law even existed? By putting a message in the short range AM radio information channel that exists on some of our highways. The one people only turn to, rarely, once they’re already stuck in traffic. And by putting up posters at minor league ball parks. Because everyone goes to Triple A ball games. Not. Oh, and by adding a paragraph or two to the driver’s ed manual. Which really helps out folks who already have licenses.
Fischer said a public service message on the law will be distributed to minor league ballparks and other outdoor recreational venues this spring and summer. Posters with information on the law are also being developed for use by local and state law enforcement, community, traffic safety and emergency responders in New Jersey.
The New Jersey Motor Vehicle Commission will incorporate provisions of the law into their driver improvement program, and will be sending literature to driver training schools throughout the state. The agency will also be updating driver testing materials to reflect the new mandate.
It’s not just NJ ... most states have such a law, yet this survey says that 71% of the people don’t know the law exists. And of course NJ, being the last girl to the party, has imposed the highest fines in the nation.
Posted by Drew458
on 11/15/2009 at 01:19 PM
Filed Under: • Crime • Judges-Courts-Lawyers •
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