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Improper Passing in NJ

Statute N.J.S.A 39:4-128.1 outlines the offense labeled improper passing of a school bus or emergency vehicle. Drivers who are on a highway following school vans or school buses that are used for the sole purpose of transporting children to and from school or any school-related activities, as well as to and from summer day camps, must stop their vehicles 25 feet or more.

Improper Passing of a School Bus in NJ

The driver is not allowed to continue driving until all students have gotten into the bus, left the bus and crossed the road, or the bus’s red flashing lights have been turned off. This statute only applies to vehicles that have been clearly marked as school buses/emergency response vehicles. These signs should be installed at the front and back of the vehicle in bold, clear lettering (four inches in size or higher).

Drivers coming in the opposite direction of the stopped school bus on a road that has a safety island or other form of a separator, are not required to stop. However, they must reduce their speed to 10 mph or lower and must not accelerate to their previous speed until after their vehicle has passed the parked school bus, or until all the children have disembarked from the bus and crossed the street.

New Jersey Improper Passing

Improper Passing of an Emergency Vehicle NJ

In addition, drivers are required to give way to emergency vehicles that are authorized such as fire trucks, ambulances and police cars, and have given audible signals. Also, drivers are required to stop for vehicles that are equipped as per the provisions of the N.J.S.A. 39:4-91, or if they are so directed by a traffic officer, police or other law enforcement agent. New Jersey law requires that all drivers and motorists yield to emergency vehicles when flashing lights or sounding sirens.

Improper Passing Penalties in NJ

Persons accused and found guilty under this law are exposed to penalties as follows.

  • First-time offenders attract a $100 fine, up to 15 days in county jail and community service for a similar period of time.
  • Subsequent offenses draw a minimum of $250 fines and an additional jail term of up to 15 days
  • Conviction on the improper passing of a school bus adds five points to your current driving record.

For failure to yield to an emergency vehicle as described in this statute, you are liable for an jail term of up to 15 days, fines of $50 – $200, and court cost not exceeding $33 plus $6 for assessment.

NJ Traffic Violations Defense Attorney

If you or one of your loved ones are facing a charge under this law, it is imperative to seek legal counsel to improve your chances of a favorable outcome. Get in touch with The Law Office of Benjamin Friedman to be connected to an experienced traffic violations defense attorney who will help you fight these charges.

Passing of School Bus NJ