(Sponsorship Updated As Of: 1/25/2024)
SENATE, No. 349
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Co-Sponsored by:
Senator Holzapfel
SYNOPSIS
Concerns motor vehicles overtaking certain pedestrians and persons
operating bicycles and personal conveyances.
CURRENT VERSION OF TEXT
As reported by the Senate Transportation Committee with technical review.
S349 DIEGNAN
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
AN ACT concerning motor vehicles overtaking certain pedestrians 1
and persons operating bicycles and personal conveyances and 2
amending P.L.2021, c.194. 3
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BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
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1. Section 1 of P.L.2021, c.194 (C.39:4-92.4) is amended to 8
read as follows: 9
1. a. As used in this section: 10
"Bicycle" shall have the same meaning as set forth in 11
[R.S.39:4-14.5] section 2 of P.L.1975, c.328 (C.39:4-14.5). 12
["Low-speed electric bicycle" shall have the same meaning as 13
set forth in R.S.39:1-1. 14
"Low-speed electric scooter" shall have the same meaning as set 15
forth in R.S.39:1-1.] 16
"Pedestrian" shall include, but not be limited to, a pedestrian as 17
defined in R.S.39:1-1[, a person in a wheelchair or motorized 18
wheelchair as defined in R.S.39:1-1, a person employed by or who 19
contracts with any public utility company in this State, a property 20
maintenance worker,] or any other person who is [permitted by law 21
to be] upon the roadway and outside of a motor vehicle for work, 22
emergency response, or recreation. 23
“Personal conveyance” shall include, but not be limited to, a 24
low-speed electric bicycle as defined in R.S.39:1-1, a low-speed 25
electric scooter as defined in R.S.39:1-1, a manual wheelchair, a 26
motorized wheelchair as defined in R.S.39:1-1 or a similar mobility 27
assisting device used by persons with physical disabilities or by 28
persons whose ambulatory mobility has been impaired by age or 29
illness, an electric personal assistive mobility device as defined in 30
section 1 of P.L.2001, c.430 (C.39:4-14.10), a motorized scooter as 31
defined in R.S.39:1-1, a skateboard as referenced in section 1 of 32
P.L.1997, c.411 (C.39:4-10.5), a motorized skateboard as defined in 33
R.S.39:1-1, roller skates as defined in section 1 of P.L.1997, c.411 34
(C.39:4-10.5), or any other device used by a person for 35
transportation. 36
b. The operator of a motor vehicle [approaching] shall 37
approach a pedestrian[,] or a person operating a bicycle [, low-38
speed electric bicycle, low-speed electric scooter,] or [any other 39
lawful] personal conveyance located or operating in an area 40
designated for pedestrians, bicycles, or [those] personal 41
conveyances [, as appropriate,] on the roadways of this State [shall 42
approach] with due caution and [shall,] absent any other direction 43
by a law enforcement officer, proceed as follows: 44
S349 DIEGNAN
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(1) when possible under existing safety and traffic conditions, 1
make a lane change into a lane not adjacent to the pedestrian or the 2
person operating a bicycle or personal conveyance; 3
(2) if a lane change cannot be made pursuant to paragraph (1) of 4
this subsection, leave a reasonable and safe distance of not less than 5
four feet while approaching the pedestrian or the person operating a 6
bicycle or personal conveyance and maintain a distance of at least 7
four feet until the motor vehicle has safely passed the pedestrian or 8
person operating the bicycle or personal conveyance; or 9
(3) if it is [not possible] impossible, prohibited by law, or 10
unsafe to make a lane change pursuant to paragraph (1) of this 11
subsection or to leave a reasonable and safe distance of not less than 12
four feet pursuant to paragraph (2) of this subsection, the motor 13
vehicle operator shall reduce the speed of the motor vehicle to 25 14
miles per hour or a lower posted speed and be prepared to stop; the 15
operator may pass the pedestrian or person operating a bicycle or 16
personal conveyance only if, considering the size and speed of the 17
motor vehicle, traffic conditions, weather, visibility, and the surface 18
and width of the roadway, passing does not endanger the safety of a 19
pedestrian, operator of the bicycle or personal conveyance, or any 20
other person on the roadway. 21
c. A person who commits a violation of the provisions of this 22
section which results in bodily injury as defined in N.J.S.2C:11-1 23
shall be fined $500 and assessed two motor vehicle penalty points; 24
if no bodily injury results, the violator shall be fined $100 and shall 25
not be assessed any penalty points. 26
d. Nothing in this section shall be construed to preclude or 27
limit a prosecution or conviction for a violation of any offense 28
defined by the laws of this State or for any violation of Title 39 of 29
the Revised Statutes. 30
(cf: P.L.2021, c.194, s.1) 31
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2. This act shall take effect immediately. 33