New Jersey § 39:4-128

Full text of New Jersey New Jersey Statutes § 39:4-128, with citation guidance and answers to common questions.

§ 39:4-128.

On highways having roadways not divided by safety islands or physical traffic separation

installations, the driver of a vehicle approaching or overtaking a bus, which is being

used for the transportation of children to or from school or a summer day camp or any

school connected activity , or which is being used for the transportation of a person who has a developmental

disability, and which has stopped for the purpose of receiving or discharging any child or a person who has a developmental disability , shall stop such vehicle not less than 25 feet from such school bus and keep such

vehicle stationary until such child or person who has a developmental disability has entered said bus or has alighted and reached the side of such highway and until

a flashing red light is no longer exhibited by the bus; provided, such bus is designated

as a school bus by one sign on the front and one sign on the rear, with each letter

on such signs at least four inches in height. On highways having dual or multiple roadways separated by safety islands or physical

traffic separation installations, the driver of a vehicle overtaking a school bus,

which has stopped for the purpose of receiving or discharging any child or any person who has a developmental disability , shall stop such vehicle not less than 25 feet from such school bus and keep such

vehicle stationary until such child or person who has a developmental disability has entered said bus or has alighted and reached the side of the highway and until

a flashing red light is no longer exhibited by the bus. On highways having dual or multiple roadways separated by safety islands or physical

traffic separation installations, the driver of a vehicle on another roadway approaching

a school bus, which has stopped for the purpose of receiving or discharging any child, or any person who has a developmental disability shall reduce the speed of his vehicle to not more than 10 miles per hour and shall

not resume normal speed until the vehicle has passed the bus and has passed any child

who may have alighted therefrom or be about to enter said bus. For purposes of this section, “ highway ” means the entire width between the boundary lines of every way whether publicly

or privately maintained when any part thereof is open to the public for purposes of

vehicular travel. Whenever a school bus is parked at the curb for the purpose of receiving children

directly from a school or a summer day camp or any school connected activity or discharging

children to enter a school, or a summer day camp or any school connected activity,

which is located on the same side of the street as that on which the bus is parked,

drivers of vehicles shall be permitted to pass said bus without stopping, but at a

speed not in excess of 10 miles per hour. Whenever a school bus is parked at the curb for the purpose of receiving or discharging

a person who has a developmental disability on the same side of the street as that

on which the bus is parked, drivers of vehicles shall be permitted to pass the bus

without stopping, but at a speed not in excess of 10 miles per hour. The driver of a bus which is being used for the transportation of children to or from school or a summer day camp or any

school connected activity , or for the transportation of a person who has a developmental disability shall continue to exhibit a flashing red light and shall not start his bus until

every child who may have alighted therefrom shall have reached a place of safety. Any person who shall violate any provision of this act shall be subject to (1) a fine

of not less than $100.00, (2) imprisonment for not more than 15 days or community

service for 15 days in such form and on such terms as the court shall deem appropriate,

(3) or both for the first offense, and a fine not less than $250.00, imprisonment

for not more than 15 days, or both for each subsequent offense. The penalties shall be enforced and recovered pursuant to the provisions of chapter

5 of Title 39 of the Revised Statutes. There shall be a rebuttable presumption that the registered owner of the vehicle

which was involved in the violation of this section was the person who committed the

act. Any person who suppresses, by way of concealment or destruction, any evidence of

a violation of this section or who suppresses the identity of the violator shall be

subject to a fine of $100. The Chief Administrator of the Motor Vehicle Commission may also revoke the license to drive a motor vehicle of any person who shall have

been guilty of such willful violation of any of the provisions of this act as shall,

in the discretion of the chief administrator , justify such revocation, but the chief administrator shall, at all times, have power to validate such a license which has been revoked,

or to grant a new license to any person whose license to drive a motor vehicle shall

have been revoked pursuant to this act.

Frequently Asked Questions About New Jersey § 39:4-128

What does New Jersey Statutes § 39:4-128 cover?

Section 39:4-128 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 39:4-128?

A common citation format is "New Jersey Statutes § 39:4-128" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 39:4-128 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.