New Jersey-2024-S349-Introduced

An Act concerning motor vehicles overtaking certain pedestrians and persons operating bicycles and personal conveyances and amending P.L.2021, c.194.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2021, c.194 (C.39:4-92.4) is amended to read as follows:

1. a. As used in this section:

"Bicycle" shall have the same meaning as set forth in [R.S.39:4-14.5] section 2 of P.L.1975, c.328 (C.39:4-14.5).

["Low-speed electric bicycle" shall have the same meaning as set forth in R.S.39:1-1.

"Low-speed electric scooter" shall have the same meaning as set forth in R.S.39:1-1.]

"Pedestrian" shall include, but not be limited to, a pedestrian as defined in R.S.39:1-1[, a person in a wheelchair or motorized wheelchair as defined in R.S.39:1-1, a person employed by or who contracts with any public utility company in this State, a property maintenance worker,] or any other person who is [permitted by law to be] upon the roadway and outside of a motor vehicle for work, emergency response, or recreation.

"Personal conveyance" shall include, but not be limited to, a low-speed electric bicycle as defined in R.S.39:1-1, a low-speed electric scooter as defined in R.S.39:1-1, a manual wheelchair, a motorized wheelchair as defined in R.S.39:1-1 or a similar mobility assisting device used by persons with physical disabilities or by persons whose ambulatory mobility has been impaired by age or illness, an electric personal assistive mobility device as defined in section 1 of P.L.2001, c.430 (C.39:4-14.10), a motorized scooter as defined in R.S.39:1-1, a skateboard as referenced in section 1 of P.L.1997, c.411 (C.39:4-10.5), a motorized skateboard as defined in R.S.39:1-1, roller skates as defined in section 1 of P.L.1997, c.411 (C.39:4-10.5), or any other device used by a person for transportation.

b. The operator of a motor vehicle [approaching] shall approach a pedestrian[,] or a person operating a bicycle [, low-speed electric bicycle, low-speed electric scooter,] or [any other lawful] personal conveyance located or operating in an area designated for pedestrians, bicycles, or [those] personal 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:

(1) when possible under existing safety and traffic conditions, make a lane change into a lane not adjacent to the pedestrian or the person operating a bicycle or personal conveyance;

(2) if a lane change cannot be made pursuant to paragraph (1) of this subsection, leave a reasonable and safe distance of not less than four feet while approaching the pedestrian or the person operating a bicycle or personal conveyance and maintain a distance of at least four feet until the motor vehicle has safely passed the pedestrian or person operating the bicycle or personal conveyance; or

(3) if it is [not possible] impossible, prohibited by law, or unsafe to make a lane change pursuant to paragraph (1) of this subsection or to leave a reasonable and safe distance of not less than four feet pursuant to paragraph (2) of this subsection, the motor vehicle operator shall reduce the speed of the motor vehicle to 25 miles per hour or a lower posted speed and be prepared to stop; the operator may pass the pedestrian or person operating a bicycle 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 bicycle or personal conveyance, or any other person on the roadway.

c. A person who commits a violation of the provisions of this section which results in bodily injury as defined in N.J.S.2C:11-1 shall be fined $500 and assessed two motor vehicle penalty points; if no bodily injury results, the violator shall be fined $100 and shall not be assessed any penalty points.

d. Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any offense defined by the laws of this State or for any violation of Title 39 of the Revised Statutes.

(cf: P.L.2021, c.194, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill concerns motor vehicles overtaking certain pedestrians and persons operating bicycles and personal conveyances.

Under current law, the operator of a motor vehicle is required to take certain actions when approaching a pedestrian, bicycle, low-speed electric bicycle, low-speed electric scooter, or any other lawful personal conveyance on the roadways of this State.

Additionally, current law does not define "personal conveyance." Under this bill, "personal conveyance" includes, but is not limited to, a low-speed electric bicycle, a low-speed electric scooter, a manual wheelchair, a motorized wheelchair or a similar mobility assisting device used by persons with physical disabilities or by persons whose ambulatory mobility has been impaired by age or illness, an electric personal assistive mobility device, a motorized scooter, a skateboard, a motorized skateboard, roller skates, or any other device used by a person for transportation.

In addition, this bill makes clarifying changes to the current definition of "pedestrian." Under the bill, "pedestrian" includes, but is not limited to, a pedestrian as defined under current law or any other person who is upon the roadway and outside of a motor vehicle for work, emergency response, or recreation.