NJ Move Over Law
Stick it to ya: NJ Move Over Law
In case you didn’t know, the New Jersey Move Over Law has been in effect statewide for well over five years.
What they want you to believe this law is for – is to “protect law enforcement officers” (and other “emergency personnel,” i.e., tow trucks, etc.)
You can see the entire state statute in full after the break.
How many of you see validity in NJ Move Over Law?
But there is a reason why we bring this up today – more than five years later. Mainly, since I have found the perfect cell phone (Blackberry Z30), we have been able to run 99% of the Android apps out there – one of which includes the WAZE app (“crowdsourced” map / GPS). Our favorite feature is the “police” reports and road hazards (roadkill is a fun one!)
However, it struck me as odd that there were ENDLESS reports of “vehicle stopped on shoulder ahead.”
Like I can’t see that myself? Why do I need a stupid smartphone to tell me about something that isn’t on the road? Took me a while to “get it,” but then I understood why. It’s this stupid “Move Over Law.” My suspicion is that they include such a “road condition” for the sole purpose of abiding by that “move over law” just in case a cop or tow truck is there.
Isn’t that what shoulders on the side of the road are for?
You know, decades ago – when brilliant “highway engineers” laid out the roads in this country, SHOULDERS were designed exactly for this purpose.
To be able to pull over on the side of the road safely. It’s CLEARLY not a lane of travel. So why after all this time has it been decreed that it’s no longer safe?
But the NJ Move Over Law is next to impossible to enforce
The “fines” (theft) for this relatively recently decreed law are between $100 and $500 per “offense.” And if you read the “conditions” of said law – they’re kind of hard to enforce.
“If a lane change would be impossible, prohibited, or unsafe, reduce your speed to under the posted speed limit..” (wording condensed for simplicity).
Now this is what strikes me as asinine – and a good example for “politicians” to slow the fuck down when it comes to belting out laws faster than welfare babies.
How is this law expected to be “enforced?” For one – I can understand “prohibited” (i.e., a solid white line on the road), or “impossible” (one lane of traffic), but “unsafe?” A feeling of safety is SUBJECTIVE. How can they prove that in court?
Secondly – this has to be proven by video-based recording (with radar evidence). About the only situation this new “move over law” might apply is if someone is speeding in the slow lane AND was recorded with video and radar evidence.
In other words – another way to increase speeding fines without actually changing that speeding law. Just add a NEW law!
“In the name of safety,” and millions in revenue
See – we all take “risks” when we travel at a high rate of speed. It should part of a disclaimer that says “by entering said roadway, you understand the risks of traveling at such a rate of speed, and therefore will not hold anyone else responsible for injuries sustained by accident. This includes “law enforcement officers” entering the same risky roadways.”
Naturally – our common law should provide for instances where deliberate acts of malice (if able to be proven) should be treated criminally. But otherwise, “life is a highway (full of hazards).”
Do you see the nonsense in these new laws? Or are you properly obedient?
New Jersey Move Over Law 39:4-92.2
The New Jersey Move Over Law in full – is as follows (39:4-92.2):
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.