Department of Transportation


Drivers and pedestrians are responsible for each other’s safety.

safe passing

On March 1st, 2022, the Safe Passing Law went into effect, which states that drivers are required to approach and pass vulnerable users, including pedestrians, with “due caution.” “Due caution” means both slowing down and giving the other user plenty of space when passing.

Drivers must:
  • Follow all current no passing and no speeding laws and move over a lane if there is one to move into.
  • On a single-lane road, drivers must allow at least a 4-foot safety zone when they pass.
  • If 4 feet is not possible on a section of road, drivers must slow to 25 mph and be prepared to stop until they can pass safely without endangering those sharing the road.

Violating these guidelines will result in a driver receiving a fine of $500 and two motor vehicle points if bodily harm is caused. If no injury occurs, the fine is $100.

new law graphic

The Stop and Stay Stopped Law, which became effective in New Jersey on April 1, 2010, states that drivers must bring their vehicle to a complete stop at marked crosswalks to allow pedestrians to pass in front of them.

new law graphic

Drivers must:
  • Stop and remain stopped while a pedestrian is in a marked crosswalk. (39:4-36)
  • Stop and remain stopped for pedestrians crossing within the adjacent crosswalk into which the motorist is turning right from either a red signal, stop or yield sign. (39:4-36)
  • Stop and remain stopped if a pedestrian is within one lane of their half of roadway. (39:4-36)
  • Not overtake and pass a vehicle that is stopped to permit a pedestrian to cross the roadway. (39:4-36)
  • Yield to pedestrians at unmarked crosswalks at an uncontrolled intersection. (39:4-36)
  • Exercise due care for the safety of any pedestrian upon a roadway. (39:4-36)

The law provides that when a collision occurs between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there shall be permissive inference that a driver did not exercise due care for the safety of the pedestrian.

The law also specifies that a pedestrian crossing on a "Go" or green signal has the right of way over all vehicles, including those making turns.

Violating these guidelines will result in a driver receiving a fine of $200, a 15-day community-service sentence and four motor vehicle points.

Pedestrians must:
  • Not leave a "curb or other place of safety" by walking or running into the path of a vehicle which is so close that it is impossible for the driver to yield or stop. (39:4-36)
  • Yield to drivers when crossing a road at any point other than within a marked or unmarked crosswalk at an intersection.
  • Yield to drivers at intersections where the pedestrian does not have a green “walk” signal and where drivers have a green signal. (39:4-32)
  • Walk on sidewalks where they are provided and accessible. (39:4-34)
  • Walk along the extreme left side of a highway or its shoulder when possible facing approaching traffic if there is no sidewalk.
  • Exercise due care for his/her safety. (39:4-36)
  • Not cross any highways having roadways separated by a median barrier except where provision is made for pedestrians to cross. (39:4-34)

Pedestrians risk $54 fines and community service is they fail to yield the right of way to motorists anywhere except at crosswalks.

Last updated date: October 20, 2023 8:41 AM