Failure to yield to overtaking vehicle (NJSA 39:4-87)

Traffic ticket attorney lawyerWhen you’re driving along a New Jersey roadway and you see that another car is about to overtake and pass you, you must yield to that car. If you don’t, and you start speeding up so the car can’t safely come onto your lane in front of you, that is a violation of New Jersey traffic law and you can be ticketed and fined. In this article, New Jersey traffic ticket attorney Dan T. Matrafajlo will explain what the law is, and how violating this law can affect you.

The law: N.J.S.A. 39:4-87

The applicable law in New Jersey is N.J.S.A. 39:4-87, which says:

“The driver of a vehicle on a highway, about to be overtaken and passed by another vehicle, approaching from the rear, shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.”

MVC points and penalties

The New Jersey Motor Vehicle Commission (MVC) will penalize failure to yield to an overtaking vehicle by adding two points to your driving record. Whenever you get six or more points on your driving record, the MVC will fine you $150. If at any time you get 12 or more points on your record, the MVC will suspend your driver’s license.



The fine for failing to yield to an overtaking vehicle is $85.

In addition, the municipal court can fine you anywhere between $50 and $200 and/or imprison you in state prison for up to 15 days. The judge also has the discretion to suspend your license if he or she finds that you willfully violated this law.

Insurance rates

New Jersey-licensed automobile insurance providers will also add two points to your “insurance eligibility points.” The accumulation of points for traffic violations will result in higher insurance rates for you. If you accumulate seven or more insurance eligibility points, you will not be eligible to receive auto insurance coverage in the voluntary market. You’ll have to go through the New Jersey Personal Automobile Insurance Plan (NJPAIP) instead and get at-risk coverage at a higher price.




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