Full Notification

New Jersey's new Safe Passing Law takes effect on March 1st

After nearly unanimous, bipartisan support in the legislature, the governor signed the NJ Safe Passing Law (NJSPL) in August 2021. The new law is intended to protect pedestrians, pedacyclists, and scooters. New Jersey joins Pennsylvania as the only two states with this type of law.

N.J.S.A. 39:4-92.4-a defines that a "Pedestrian" shall include, but not be limited to, a person afoot, a person in a wheelchair or motorized wheelchair, a person employed by or who contracts with any public utility company, a property maintenance worker, or any other person who is permitted by law to be upon the roadway for work or recreation.

The new law (N.J.S.A. 39:4-92.4-b) requires motorists to do the following:
• The operator of a motor vehicle approaching a pedestrian, bicycle, low-speed electric bicycle, low-speed electric scooter, or any other lawful personal conveyance located or operating in an area designated for pedestrians or those conveyances, as appropriate, on the roadways of this State shall approach with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
• When possible under existing safety and traffic conditions, make a lane change into a lane not adjacent to the pedestrian or personal conveyance;
• if a lane change cannot be made, leave a reasonable and safe distance of not less than four feet while approaching the pedestrian or personal conveyance and maintain a distance of at least four feet until the motor vehicle has safely passed the conveyance; or
• If it is not possible, prohibited by law, or unsafe to make a lane change or to leave a reasonable and safe distance of not less than four feet, the motor vehicle operator shall reduce its speed to 25 miles per hour or a lower posted speed and be prepared to stop; the operator may pass the pedestrian or personal conveyance only if, considering the size and speed of the motor vehicle, traffic conditions, weather, visibility, and the surface and width of the roadway, passing does not endanger the safety of a pedestrian, operator of the personal conveyance, or any other person on the roadway.

Anyone outside a car or truck, including police officers, first-responders, construction crews, and those sharing the road to take a walk, or stay healthy, are vulnerable because they risk being run over by a motor vehicle. Many roads in New Jersey are not designed to protect pedestrians and cyclists from moving vehicles. In this regard, the NJSPL makes it clear to drivers that the era of "speed up and squeeze by" must end in New Jersey. The messaging to drivers is simple: slow down and pass only safely.

The NJSPL joins the two other laws intended to save pedestrians' lives, the Move Over and Stop for Pedestrians in Crosswalk Laws. To eliminate the drivers' behavior of speeding up and squeezing by other road users, the NJSPL introduces a safety-zone requirement.