JURISDICTION: NEW JERSEY

This chapter summarizes New Jersey State statutes related to speed.

General Reference: New Jersey Statutes Annotated and New Jersey Administrative Code (NJAC)

Basis for a Speed Law Violation:

Basic Speed Rule: A person shall drive a vehicle at an appropriate reduced rate of speed when special hazard exist with respect to pedestrians or other traffic or by reason of weather or highway condition.⁽¹⁾ §39:4-98 (¶3)

Statutory Speed Limit: It is prima facie unlawful for a person to exceed the following speed

See Other below. limits. §39:4-99

1) 55 MPH on highways §39:4-98 (¶1)

2) 35 MPH in suburban business or residential district §39:4-98 (¶1)

3) 25 MPH in a (non-suburban) business or residential district §39:4-98 (¶1)

Posted (Maximum) Speed Limit: Based on engineering and traffic investigations, the State Commissioner of Transportation on State highways or local governments on highways under their jurisdiction, may increase or decrease the above maximum limits. These new limits will be the prima facie lawful speed limits. §39:4-98 (¶2)

Minimum Speed Limit: No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §39:4-97.1

Posted (Minimum) Speed Limit:

Other: I. The State Commissioner of Transportation may restrict the maximum speed for trucks weighing 10,000 lbs. on highways with maximum speed limits 50 MPH. However, such reduced limit can only be 5 MPH below the normal speed limit. §39:4-98.1

II. A person shall not operate a motor vehicle >4 MPH across a sidewalk. §39:4-100

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Petty Offenses. State v. Schreiber, 585 A.2d 945 (N.J. 1991)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Not more than 15 days §39:4-104

Mandatory Minimum Term: None

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Fine:

Amount ($ Range): $50 to $200 §39:4-104

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: Driver Improvement Program §§39:5-30.2 & 39:5-30.9 and NJAC §13:19-10.2(b)

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁽²⁾ §39:5-30.5 et seq.

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension via a Point System-30 to 180 days §39:5-30.8 If a person has had 3 suspensions within 3 year, discretionary suspension for up to 3 months. §39:5-30b

Mandatory Minimum Term of

Withdrawal: None Note: Attendance at a Driver Improvement Program may be used in lieu of all or part of a suspension. §39:5-30.2 & NJAC §13:19-10.2(b)

Miscellaneous Sanctions

Not Included Elsewhere: A persons's license may also be suspended or revoked under general provisions of the law which allow the driver licensing agency to take such action when a person has violated the traffic laws. §§39:5-30 & 39:5-31

Other Criminal Actions Related to Speeding:

Racing on Highway: Petty Offense §39:4-52 & State v. Schreiber, 585 A.2d 945 (N.J. 1991) or Disorderly Person Offense §39:5C-1

Sanctions:

Criminal Sanction:

Imprisonment (Term): Petty Offense: None §39:4-52 Disorderly Person Offense: 1st offense-None Subsequent offense-Not more than 90 days §39:5C-1

Mandatory Minimum Term: None

Fine ($ Range): Petty and Disorderly Person Offenses: 1st offense-$25 to $100 Subsequent offense-$100 to $200 §§39:4-52 & 39:5C-1

Other Criminal Actions Related to Speeding:

(continued)

Racing on Highway: (continued)

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System² §39:5-30.5 et seq.

Length of Term of

Licensing Withdrawal: Suspension via a Point System-30 to 180 days §39:5-30.8 If a person has had 3 suspensions within 3 year, discretionary suspension for up to 3 months. §39:5-30b

Mandatory Action--Minimum

Length of License

Withdrawal: None Note: Attendance at a Driver Improvement Program may be used in lieu of all or part of a suspension. §39:5-30.2 & NJAC §13:19-10.2(b)

Other: A persons's license may also be suspended or revoked under general provisions of the law which allow the driver licensing agency to take such action when a person has violated the traffic laws. §§39:5-30 & 39:5-31

Reckless Driving: Petty Offense §39:4-96 & State v. Schreiber, 585 A.2d 945 (N.J. 1991)

Sanction:

Criminal:

Imprisonment (Term): 1st offense-Not more than 60 days Subsequent offense-Not more than 3 months §39:4-96

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): 1st offense-$50 to $200 Subsequent offense-$100 to $500 §39:4-96

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System² §39:5-30.5 et seq.

Length of Term of License

Withdrawal Action: Suspension via a Point System-30 to 180 days §39:5-30.8 If a person has had 3 suspensions within 3 year, discretionary suspension for up to 3 months. §39:5-30b

Mandatory Term of License

Withdrawal Action: None Note: Attendance at a Driver Improvement Program may be used in lieu of all or part of a suspension. §39:5-30.2 & NJAC §13:19-10.2(b)

Other: A persons's license may also be suspended or revoked under general provisions of the law which allow the driver licensing agency to take such action when a person has violated the traffic laws. §§39:5-30 & 39:5-31

Other Criminal Actions Related to Speeding:

(continued)

Careless Driving⁽³⁾: Petty Offense §39:4-97 & State v. Schreiber, 585 A.2d 945 (N.J. 1991)

Sanction:

Criminal:

Imprisonment (Term): Not more than 15 days §39:4-104

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): $50 to $200 §39:4-104

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System² §39:5-30.5 et seq.

Length of Term of License

Withdrawal Action: Suspension via a Point System-30 to 180 days §39:5-30.8 If a person has had 3 suspensions within 3 year, discretionary suspension for up to 3 months. §39:5-30b

Mandatory Term of License

Withdrawal Action: None Note: Attendance at a Driver Improvement Program may be used in lieu of all or part of a suspension. §39:5-30.2 & NJAC §13:19-10.2(b)

Other: A license may also be suspended or revoked under general provisions of the law which allow the driver licensing agency to take such action when a person has violated the traffic laws. §§39:5-30 & 39:5-31

Commercial Motor Vehicle (CMV) Operators⁽⁴⁾:

Grounds for Suspension: A person's privilege for operate a CMV is suspended if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁵⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §39:3-10.20(f)

Period of Suspension: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-120 days §39:3-10.20(f)

Period of Mandatory Suspension: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §39:3-10.20(f)

1. ¹Required reduced rates of speed also includes (1) approaching and crossing an intersection or railway grade crossing, (2) approaching and going around a curve, (3) approaching a hill crease and (4) traveling upon any narrow or winding roadway. §39:4-98 (¶3)

2. ²Point System. I. For the indicated point accumulations in a period of 2 years or less, the following suspension periods apply: 12 to 15 points-30 days suspension; 16 to 18 points-60 days suspension; 19 to 21 points-90 days suspension; 22 to 24 points-120 days suspension; 25 to 27 points-150 days suspension; and 28 points-180 days suspension. For the indicated point accumulations in a period greater than 2 years, the following suspension periods apply: 15 to 18 points-30 days suspension; 19 to 22 points-60 days suspension; 23 to 26 points-90 days suspension; 27 to 30 points-120 days suspension; 31 to 35 points-150 days suspension; and 36 points-180 days suspension. §39:5-30.8 & NJAC §13:19-10.2(a) II. The following points have been assigned to speeding and speed related violations: Racing on highway-5 points; reckless driving-5 points; careless driving-3 points; slow speed blocking traffic-2 points; exceeding speed limit 1 but 14 MPH-2 points; exceeding speed limit 15 but 29 MPH-4 points; and, exceeding speed limit 30-5 points. NJAC §13:19-10.1

3. ³"Careless driving" is defined as operating "a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property." §39:4-97

4. ⁴A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, is designed to transport >8 but <16 persons if used to transport persons for hire on a daily basis to and from places of employment, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §39:3-10.11

5. ⁵A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §39:3-10.11