Legislature Repeals common NON-POINT moving Violation – NJSA 39:4-145

Earlier today, the governor signed into law an amendment to the provisions of the stop sign law, njsa 39:4-144 which made certain technical changes to the statute while simultaneously repealing NJSA 39:4-145. NJSA 39:4-145 is a non-point, moving violation that permits the driver of a vehicle stopped in a line of traffic at a stop sign to proceed through the sign without coming to a stop a second time. Under the newly revised version of the law, every vehicle lined up at the stop sign will be required to come to a complete stop within five feet of the nearest crosswalk or stop line in the street and may not proceed without yielding to all traffic that might constitute an immediate hazard.

NJSA 39:4-145 has been used for many years as a non-point option in plea-bargaining stop sign violations under njsa 39:4-144. The amendment and repealer go into effect in 60 days.

The amendment, repealer and assembly statement read as follows:

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

1. R.S.39:4-144 is amended to read as follows:

39:4-144. No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a “stop” sign unless [he] the driver has first brought [his] the vehicle or street car to a complete stop at a point within [5] five feet of the nearest crosswalk or stop line marked upon the pavement at the near side of the intersecting street and shall proceed only after yielding the right of way to all traffic on the intersecting street which is so close as to constitute an immediate hazard. No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a “yield right of way” sign without first slowing to a reasonable speed for existing conditions and visibility, stopping if necessary, and the driver shall yield the right of way to all traffic on the intersecting street which is so close as to constitute an immediate hazard; unless, in either case, [he] the driver is otherwise directed to proceed by a traffic or police officer or traffic control signal [, or as provided in section 39:4-145 of this Title].

(cf: P.L.1958, c.114, s.4)

2. R.S.39:4-145 is repealed.

3. This act shall take effect on the 60th day after enactment, but the chief administrator may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

This bill repeals R.S.39:4-145 which allows one or more vehicles entering a stop intersection following directly in line with another vehicle that has come to a complete stop to proceed without again coming to a complete stop before entering the stop intersection. In repealing R.S.39:4-145, the provisions of R.S.39:4-144 would apply.

The provisions of R.S.39:4-144 prohibit a driver from entering upon or crossing an intersecting street marked with a “stop” sign unless the driver has first brought the vehicle to a complete stop at a point within five feet of the nearest crosswalk or stop line marked upon the pavement at the near side of the intersecting street. The driver is permitted to proceed only after yielding the right of way to all traffic on the intersecting street which is so close as to constitute an immediate hazard.

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