39:4-85 Failure to pass to left when overtaking 4 MVC points

 39:4-85 Failure to pass to left when overtaking 4 MVC points

    Penalties set forth at 39:4-203 Fine or imprisonment not exceeding 15 days, or both

fines $50 $200 plus court costs, 4 car insurance points and possible non renewal by insurance company

 

39:4-85  Passing to left when overtaking; passing when in lines; passing on right.


39:4-85. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.  If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.

 

The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety.  In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.

amended 1951, c.23, s.45; 2014, c.69, s.6.

 

plus possible loss of license

Judge Can Suspend DL for Willful Traffic Offense. 

State v. Moran  202 NJ 311 (2010) 

         The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law.  To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges