in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful

for the driver of a vehicle to drive it at a speed not exceeding the following :

a.     Twenty-five miles per hour, when passing through a school zone during recess, when the

presence of children is clearly visible from the roadway, or while children are going to or leaving

school, during opening or closing hours;

b. (1) Twenty-five miles per hour in any business or residential district;

(2)     Thirty-five miles per hour in any suburban business or residential district;

c.     Fifty miles per hour in all other locations, except as otherwise provided in the “Sixty-Five

MPH Speed Limit Implementation Act,” pursuant to section 2 of P.L.1997, c.415 (C.39:4-98.3 et

al.).

Whenever it shall be determined upon the basis of an engineering and traffic investigation

that any speed hereinbefore set forth is greater or less than is reasonable or safe under the

conditions found to exist at any intersection or other place or upon any part of a highway, the

Commissioner of Transportation, with reference to State highways, may by regulation and

municipal or county authorities, with reference to highways under their jurisdiction, may by

ordinance, in the case of municipal authorities, or by ordinance or resolution, in the case of

county authorities, subject to the approval of the Commissioner of Transportation, except as

otherwise provided in R.S.39:4-8, designate a reasonable and safe speed limit thereat which,

subject to the provisions of R.S.39:4-96 and R.S.39:4-97, shall be prima facie lawful at all times

or at such times as may be determined, when appropriate signs giving notice thereof are erected

at such intersection, or other place or part of the highway. Appropriate signs giving notice of the

speed limits authorized under the provisions of paragraph (1) of subsection b. and subsection c.

of this section may be erected if the commissioner or the municipal or county authorities, as the

case may be, so determine they are necessary. Appropriate signs giving notice of the speed limits

authorized under the provisions of subsection a. and paragraph (2) of subsection b. of this

section shall be erected by the commissioner or the municipal or county authorities, as

appropriate.

When designating reasonable and safe speed limits for a street under its jurisdiction pursuant

to this subsection, as part of an engineering and traffic investigation, a municipality or county

shall consider, but not be limited to, the following criteria: residential density; the presence, or

lack, of sidewalks; the prevalence of entry and exit ways for business and commercial

establishments; whether school children walk adjacent to the street on their way to and from

school; and the proximity of recreational or park areas, schools, community residences, family

day care homes, child care centers, assisted living facilities or senior communities. Nothing in

this paragraph shall substitute for traffic count, accident, and speed sampling data as

appropriate.

The driver of every vehicle shall, consistent with the requirements of this section, drive at an

appropriate reduced speed when approaching and crossing an intersection or railway grade

crossing, when approaching and going around a curve, when approaching a hill crest, when

traveling upon any narrow or winding roadway, and when special hazard exists with respect to

pedestrians or other traffic or by reason of weather or highway conditions.

The Commissioner of Transportation shall cause the erection and maintenance of signs at

such points of entrance to the State as are deemed advisable, setting forth the lawful rates of

speed, the wording of which shall be within his discretion.

Amended 1939, c.211; 1942, c.325,(1942, c.325 repealed 1946, c.8); 1951, c.23, s.55; 1983,

c.227, s.2; 1993, c.315, s.2; 1997, c.415, s.1; 2009, c.258.

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moving motor vehicle on a public road or highway shall be unlawful except when the telephone

is a hands-free wireless telephone or the electronic communication device is used hands-free,

provided that its placement does not interfere with the operation of federally required safety

equipment and the operator exercises a high degree of caution in the operation of the motor

vehicle. For the purposes of this section, an “electronic communication device” shall not include

an amateur radio.

Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen’s band radio

or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency

vehicle on a public road or highway.

b.     The operator of a motor vehicle may use a hand-held wireless telephone while driving

with one hand on the steering wheel only if:

(1)     The operator has reason to fear for his life or safety, or believes that a criminal act may

be perpetrated against himself or another person; or

(2)     The operator is using the telephone to report to appropriate authorities a fire, a traffic

accident, a serious road hazard or medical or hazardous materials emergency, or to report the

operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe

manner or who appears to be driving under the influence of alcohol or drugs. A hand-held

wireless telephone user’s telephone records or the testimony or written statements from

appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence

of all lawful calls made under this paragraph.

As used in this act:

“Citizen’s band radio” means a mobile communication device designed to allow for the

transmission and receipt of radio communications on frequencies allocated for citizen’s band

radio service use.

“Hands-free wireless telephone” means a mobile telephone that has an internal feature or

function, or that is equipped with an attachment or addition, whether or not permanently part

of such mobile telephone, by which a user engages in a conversation without the use of either

hand; provided, however, this definition shall not preclude the use of either hand to activate,

deactivate, or initiate a function of the telephone.

“Two-way radio” means two-way communications equipment that uses VHF frequencies

approved by the Federal Communications Commission.

“Use” of a wireless telephone or electronic communication device shall include, but not be

limited to, talking or listening to another person on the telephone, text messaging, or sending an

electronic message via the wireless telephone or electronic communication device.

c.     (Deleted by amendment, P.L.2007, c.198).

d.     A person who violates this section shall be fined as follows:

(1)     for a first offense, not less than $200 or more than $400;

(2)     for a second offense, not less than $400 or more than $600; and

(3)     for a third or subsequent offense, not less than $600 or more than $800 .

For a third or subsequent violation, the court, in its discretion, may order the person to forfeit

the right to operate a motor vehicle over the highways of this State for a period of 90 days. In

addition, a person convicted of a third or subsequent violation shall be assessed three motor

vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

A person who has been convicted of a previous violation of this section need not be charged as

a second or subsequent offender in the complaint made against him in order to render him

liable to the punishment imposed by this section on a second or subsequent offender, but if the

second offense occurs more than 10 years after the first offense, the court shall treat the second

conviction as a first offense for sentencing purposes and if a third offense occurs more than 10

years after the second offense, the court shall treat the third conviction as a second offense for

sentencing purposes.

e. Except as provided in subsection d. of this section, no motor vehicle penalty points or

automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14)

shall be assessed for this offense.

f.     The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and

undertake a program to notify and inform the public as to the provisions of this act.

Notwithstanding the provisions of R.S.39:5-41, the fines assessed pursuant to subsection d. of

this section shall be collected by the court and distributed as follows: 50 percent of the fine

imposed shall bepaid to the county and municipality wherein the violation occurred, to be

divided equally, and 50 percent of the fine imposed shall be paid to the State Treasurer, who

shall allocate the fine monies to the chief administrator to be used for this public education

program, which shall include informing motorists of the dangers of texting while driving.

g.     Whenever this section is used as an alternative offense in a plea agreement to any other

offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle

points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75

(C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a

conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75

(C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.

L.2003, c.310, s.1; amended 2007, c.198, s.1; 2010, c.40; 2013, c.70.

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person is under supervision while participating in a behind-the-wheel driving course pursuant

to section 6 of P.L.1977, c.25 (C.39:3-13.2a) or is in possession of a validated permit, or a

probationary or basic driver’s license issued to that person in accordance with this article.

No person under 18 years of age shall be issued a basic license to drive motor vehicles, nor

shall a person be issued a validated permit, including a validated examination permit, until the

applicant has passed a satisfactory examination and other requirements as to the applicant’s

ability as an operator. The examination shall include a test of the applicant’s vision, the

applicant’s ability to understand traffic control devices, the applicant’s knowledge of safe driving

practices and of the effects that ingestion of alcohol or drugs has on a person’s ability to operate

a motor vehicle, the applicant’s knowledge of such portions of the mechanism of motor vehicles

as is necessary to insure the safe operation of a vehicle of the kind or kinds indicated by the

applicant, and of the laws and ordinary usages of the road. No person shall sit for an

examination for any permit without exhibiting photo identification deemed acceptable by the

commission, unless that person is a high school student participating in a course of automobile

driving education approved by the State Department of Education and conducted in a public,

parochial, or private school of this State, pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1).

The commission may waive the written law knowledge examination for any person 18 years of

age or older possessing a valid driver’s license issued by any other state, the District of

Columbia, or the United States Territories of American Samoa, Guam, Puerto Rico, or the Virgin

Islands. The commission shall be required to provide that person with a booklet that highlights

those motor vehicle laws unique to New Jersey. A road test shall be required for a probationary

license and serve as a demonstration of the applicant’s ability to operate a vehicle of the class

designated. No person shall sit for a road test unless that person exhibits photo identification

deemed acceptable by the commission. A high school student who has completed a course of

behind-the-wheel automobile driving education approved by the State Department of Education

and conducted in a public, parochial, or private school of this State, who has been issued a

special learner’s permit pursuant to section 1 of P.L.1950, c.127 (C.39:3-13.1) prior to January 1,

2003, shall not be required to exhibit photo identification in order to sit for a road test. The

commission may waive the road test for any person 18 years of age or older possessing a valid

driver’s license issued by any other state, the District of Columbia, or the United States

Territories of American Samoa, Guam, Puerto Rico, or the Virgin Islands. The road test shall be

given on public streets, where practicable and feasible, but may be preceded by an off-street

screening process to assess basic skills. The commission shall approve locations for the road test

which pose no more than a minimal risk of injury to the applicant, the examiner, and other

motorists. No new locations for the road test shall be approved unless the test can be given on

public streets.

A person who successfully completes a road test for a motorcycle license or a motorcycle

endorsement when operating a motorcycle or motorized scooter with an engine displacement of

less than 231 cubic centimeters shall be issued a motorcycle license or endorsement restricting

the person’s operation of such vehicles to any motorcycle with an engine displacement of 500

cubic centimeters or less. A person who successfully completes a road test for a motorcycle

license or motorcycle endorsement when operating a motorcycle with an engine displacement of

231 or more cubic centimeters shall be issued a motorcycle license or endorsement without any

restriction as to engine displacement. Any person who successfully completes an approved

motorcycle safety education course established pursuant to the provisions of section 1 of

P.L.1991, c.452 (C.27:5F-36) shall be issued a motorcycle license or endorsement without

restriction as to engine displacement.

The commission shall issue a basic driver’s license to operate a motor vehicle other than a

motorcycle to a person over 18 years of age who previously has not been licensed to drive a

motor vehicle in this State or another jurisdiction only if that person has: (1) operated a

passenger automobile in compliance with the requirements of this title for not less than one

year, not including any period of suspension or postponement, from the date of issuance of a

probationary license pursuant to section 4 of P.L.1950, c.127 (C.39:3-13.4); (2) not been

assessed more than two motor vehicle points; (3) not been convicted in the previous year for a

violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), P.L.1992, c.189 (C.39:4-

50.14), R.S.39:4-129, N.J.S.2C:11-5, subsection c. of N.J.S.2C:12-1, or any other motor vehicle-

related violation the commission determines to be significant and applicable pursuant to

regulation; and (4) passed an examination of the applicant’s ability to operate a motor vehicle

pursuant to this section.

The commission shall expand the driver’s license examination by 20%. The additional

questions to be added shall consist solely of questions developed in conjunction with the State

Department of Health and Senior Services concerning the use of alcohol or drugs as related to

highway safety. The commission shall develop in conjunction with the State Department of

Health and Senior Services supplements to the driver’s manual which shall include information

necessary to answer any question on the driver’s license examination concerning alcohol or

drugs as related to highway safety.

Up to 20 questions may be added to the examination on subjects to be determined by the

commission that are of particular relevance to youthful drivers, after consultation with the

Director of the Division of Highway Traffic Safety in the Department of Law and Public Safety.

The commission shall expand the driver’s license examination to include a question asking

whether the applicant is aware of the provisions of the “Revised Uniform Anatomical Gift Act,”

P.L.2008, c.50 (C.26:6-77 et al.) and the procedure for indicating on the driver’s license the

intention to make a donation of body organs or tissues pursuant to P.L.1978, c.181 (C.39:3-12.2).

Any person applying for a driver’s license to operate a motor vehicle or motorized bicycle in

this State shall surrender to the commission any current driver’s license issued to the applicant

by another state or jurisdiction upon the applicant’s receipt of a driver’s license for this State.

The commission shall refuse to issue a driver’s license if the applicant fails to comply with this

provision. An applicant for a permit or license who is less than 18 years of age, and who holds a

permit or license for a passenger automobile issued by another state or country that is valid or

has expired within a time period designated by the commission, shall be subject to the permit

and license requirements and penalties applicable to State permit and license applicants who

are of the same age; except that if the other state or country has permit or license standards

substantially similar to those of this State, the credentials of the other state or country shall be

acceptable.

The commission shall create classified licensing of drivers covering the following

classifications:

a.     Motorcycles, except that for the purposes of this section, motorcycle shall not include any

three-wheeled motor vehicle equipped with a single cab with glazing enclosing the occupant,

seats similar to those of a passenger vehicle or truck, seat belts and automotive steering or any

vehicle defined as a motorcycle pursuant to R.S.39:1-1 having a motor with a maximum piston

displacement that is less than 50 cubic centimeters or a motor that is rated at no more than 1.5

brake horsepower with a maximum speed of no more than 35 miles per hour on a flat surface.

b.     Omnibuses as classified by R.S.39:3-10.1 and school buses classified under N.J.S.18A:39-

1 et seq.

c.     (Deleted by amendment, P.L.1999, c.28).

d.     All motor vehicles not included in classifications a. and b. A license issued pursuant to

this classification d. shall be referred to as the “basic driver’s license.”

Every applicant for a license under classification b. shall be a holder of a basic driver’s license.

Any issuance of a license under classification b. shall be by endorsement on the basic driver’s

license.

A driver’s license for motorcycles may be issued separately, but if issued to the holder of a

basic driver’s license, it shall be by endorsement on the basic driver’s license. The holder of a

basic driver’s license or a separately issued motorcycle license shall be authorized to operate a

motorcycle having a motor with a maximum piston displacement that is less than 50 cubic

centimeters or a motor that is rated at no more than 1.5 brake horsepower with a maximum

speed no more than 35 miles per hour on a flat surface.

The commission, upon payment of the lawful fee and after it or a person authorized by it has

examined the applicant and is satisfied of the applicant’s ability as an operator, may, in its

discretion, issue a license to the applicant to drive a motor vehicle. The license shall authorize

him to drive any registered vehicle, of the kind or kinds indicated, and shall expire, except as

otherwise provided, on the last day of the 48th calendar month following the calendar month in

which such license was issued.

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person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or

property.

b.     A person convicted of a first offense under subsection a. shall be subject to a fine of not

less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty

points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

c.     A person convicted of a second offense under subsection a. shall be subject to a fine of

not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle

penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

d.     A person convicted of a third or subsequent offense under subsection a. shall be subject

to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle

penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

e.     An offense committed under this section that occurs more than five years after the prior

offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle

penalty points under subsection d. of this section.

f.     In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess

a person convicted of an offense under subsection a. of this section a surcharge of $250 which

shall be collected by the court and distributed to the Division of Revenue in the Department of

the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of

paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35).

L.2000,c.75,s.1; amended 2004, c.69.

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vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight

of alcohol in his blood, shall forfeit his right to operate a motor vehicle over the highways of

this State or shall be prohibited from obtaining a license to operate a motor vehicle in this

State for a period of not less than 30 or more than 90 days beginning on the date he becomes

eligible to obtain a license or on the day of conviction, whichever is later, and shall perform

community service for a period of not less than 15 or more than 30 days.

In addition, the person shall satisfy the program and fee requirements of an Intoxicated

Driver Resource Center or participate in a program of alcohol education and highway safety

as prescribed by the chief administrator.

The penalties provided under the provisions of this section shall be in addition to the penalties

which the court may impose under N.J.S.2C:33-15, R.S.33:1-81, R.S.39:4-50 or any other

law.

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prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and

condition of, the highway.

The driver of a motor truck when traveling upon a highway, outside of a business or residence

district, shall not follow another motor truck within one hundred feet, but this shall not be

construed to prevent one motor truck overtaking and passing another.

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safety of others, in a manner so as to endanger, or be likely to endanger, a person or property,

shall be guilty of reckless driving and be punished by imprisonment in the county or municipal

jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than

$200.00, or both.

On a second or subsequent conviction he shall be punished by imprisonment for not more than

three months, or by a fine of not less than $100 or more than $500, or both.

Amended 1955,c.220,s.1; 1982,c.45,s.3; 1995,c.70,s.2.

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possession or in the motor vehicle any controlled dangerous substance as classified in Schedules

I, II, III, IV and V of the “New Jersey Controlled Dangerous Substances Act,” P.L. 1970, c. 226

(C. 24:21-1 et seq.) or any prescription legend drug, unless the person has obtained the

substance or drug from, or on a valid written prescription of, a duly licensed physician,

veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for

the treatment or prevention of disease in man or animals or unless the person possesses a

controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses

a Schedule V substance.

A person who violates this section shall be fined not less than $50.00 and shall forthwith forfeit

his right to operate a motor vehicle for a period of two years from the date of his conviction.

L. 1964, c. 289, s. 1. Amended by L. 1985, c. 239, s. 1, eff. July 17, 1985.

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public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage

container. This subsection shall not apply to a passenger of a charter or special bus operated as

defined under R.S.48:4-1 or a limousine service.

b.     A person shall not be deemed to be in possession of an opened or unsealed alcoholic

beverage container pursuant to this section if such container is located in the trunk of a motor

vehicle, behind the last upright seat in a trunkless vehicle, or in the living quarters of a motor

home or house trailer. For the purposes of this section, the term “open or unsealed” shall mean a

container with its original seal broken or a container such as a glass or cup

c.     For a first offense, a person convicted of violating this section shall be fined $200 and

shall be informed by the court of the penalties for a second or subsequent violation of this

section. For a second or subsequent offense, a person convicted of violating this section shall be

fined $250 or shall be ordered by the court to perform community service for a period of 10 days

in such form and on such terms as the court shall deem appropriate under the circumstances.

L.2000,c.83,s.6.

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who operates or causes to be operated a motor vehicle upon any public road or highway in this

State without motor vehicle liability insurance coverage required by P.L.1972, c.197 (C.39:6B-1

et seq.), and an operator who operates or causes a motor vehicle to be operated and who knows

or should know from the attendant circumstances that the motor vehicle is without motor

vehicle liability insurance coverage required by P.L.1972, c.197 (C.39:6B-1 et seq.) shall be

subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period

of community service to be determined by the court. The court also shall suspend the person’s

right to operate a motor vehicle over the highways of this State for a period of one year from the

date of conviction ; provided, however, the period of license suspension may be reduced or

eliminated if the person provides the court with satisfactory proof of motor vehicle liability

insurance at the time of the hearing. Upon subsequent conviction, the person shall be subject to

a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be

ordered by the court to perform community service for a period of 30 days, which shall be of a

form and on terms as the court shall deem appropriate under the circumstances, and shall

forfeit the person’s right to operate a motor vehicle for a period of two years from the date of the

conviction, and, after the expiration of the forfeiture, the person may make application to the

Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a

motor vehicle, which application may be granted at the discretion of the chief administrator. The

chief administrator’s discretion shall be based upon an assessment of the likelihood that the

individual will operate or cause a motor vehicle to be operated in the future without the

insurance coverage required by this act. A complaint for violation of this act may be made to a

municipal court at any time within six months after the date of the alleged offense.

Failure to produce at the time of trial an insurance identification card or an insurance policy

which was in force for the time of operation for which the offense is charged creates a rebuttable

presumption that the person was uninsured when charged with a violation of this section.

L.1972, c.197, s.2; amended 1983, c.141, s.1; 1987, c.46; 1988, c.156, s.15; 1990, c.8, s.49; 1997,

c.151, s.12; 2013, c.237.

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