HART - Promoting Sustainable Transportation
Phone: (908) 788-5553 | Contact Us |
Serving Hunterdon County, NJ

Street Smart

Laws for Pedestrians

A pedestrian shall exercise due care for his safety. (39:4-32.g.; 39:4-36.a. (5))

 No pedestrian shall leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield or stop. (39:4-32.a; 39:4-36.a. (2))

At intersections where traffic is directed by a police officer or a traffic signal, no pedestrian shall enter upon or cross the highway at a point other than a crosswalk. (39:4-33.)

Violation of 39:4-32 and 33 carries a $54 fine for failure to obey the law.

Where traffic is not controlled and directed either by a police officer or a traffic control signal, pedestrians shall cross the roadway within a crosswalk, or, in the absence of a crosswalk, and where not otherwise prohibited, at right angles to the roadway. (39:4-34)

No pedestrian shall cross a roadway against the “stop” or red signal at a cross walk whether marked or unmarked, unless otherwise specifically directed by a police officer or traffic control device. (39:4-32.a.)

A pedestrian crossing or starting to cross an intersection on a “go” or green signal, but who is still within the crosswalk when the signal changes, shall have the right of way until he reaches the opposite curb or place of safety. (39:4-32.c.)

Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (39:4-34)

On all highways where there are no sidewalks or paths provided for pedestrian use, pedestrians shall, when practicable, walk only on the extreme left side of the roadway or its shoulder facing approaching traffic. (39:4-34)

Laws for Motorists around Pedestrians

 A driver shall exercise due care for the safety of any pedestrian upon a roadway. (39:4-32.g.; 39:4-36.a. (5))

The driver of a vehicle shall STOP and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk, when the pedestrian is upon or within one lane of the half of the roadway* upon which the vehicle is traveling or onto which it is turning. (39:4-36.a. (1)) *Half of the roadway means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway. Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle. (39:4-36.a. (3))

Violation of 39:4-32 and 36 carries a $200 fine, 2 motor vehicle points and the possible imposition of 15 days of community service. If the violation results in serious bodily injury to the pedestrian, the fine is not less than $100 or more than $500 and may result in up to 25 days of imprisonment or a license suspension of up to 6 months or both.

The driver of a vehicle shall yield the right of way to a pedestrian crossing the roadway within any unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control devices. (39:4-36.a.)


N.J.S. A 39:4-98. Speeding
39:4-98. Rates of speed. Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except 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.

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); 


N.J.S.A 39:4-97.3   Use of wireless telephone, electronic communication device in moving vehicles; definitions; enforcement.
 1. a. The use of a wireless telephone or electronic communication device by an operator of a 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.


For more information about
Street Smart contact
Tara Shepherd (908) 788-5553 ext.13