New Jersey driving laws

The rules your permit test asks about, in plain English. Each one is quoted from New Jersey’s statutes or an official MVC page. Handbooks are often years out of date, so where the law has changed we follow the law. Checked October 2, 2026.

Phones and texting

Drivers may not use a hand-held phone or electronic device while driving; hands-free use is allowed. Permit and probationary (GDL) drivers may not use any phone or device at all, hand-held or hands-free, except in an emergency.

Official wording (6 sources)
  • “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”
    lis.njleg.state.nj.us
  • “The holder of the probationary license shall not use any hand-held or hands-free interactive wireless communication device, except in an emergency, while operating a moving passenger automobile on a public road or highway.”
    lis.njleg.state.nj.us
  • “The holder of the special learner's permit shall not use any hand-held or hands-free interactive wireless communication device, except in an emergency, while operating a moving passenger automobile on a public road or highway.”
    lis.njleg.state.nj.us
  • “The holder of the examination permit shall not use any hand-held or hands-free interactive wireless communication device, except in an emergency, while operating a moving passenger automobile on a public road or highway.”
    lis.njleg.state.nj.us
  • “for a first offense, not less than $200 or more than $400; (2) for a second offense, not less than $400 or more than $600; and (3) for a third or subsequent offense, not less than $600 or more than $800”
    lis.njleg.state.nj.us
  • “the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days. In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points”
    lis.njleg.state.nj.us

Alcohol and drugs (DUI)

It is illegal to drive with a BAC of 0.08% or more (0.04% in a commercial vehicle). Drivers under 21 face penalties at 0.01%. Refusing a breath test brings a fine and loss of license until an ignition interlock is installed.

Official wording (7 sources)
  • “operates a motor vehicle with a blood alcohol concentration of 0.08 percent or more by weight of alcohol in the defendant's blood”
    lis.njleg.state.nj.us
  • “Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood”
    lis.njleg.state.nj.us
  • “For a person convicted of a first violation of N.J.S.A. 39:3-10.13 (operation of a commercial motor vehicle with a BAC of 0.04% but less than 0.08%”
    nj.gov
  • “if the refusal was in connection with a first offense under this section, to forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device”
    lis.njleg.state.nj.us
  • “a fine of not less than $300 or more than $500 for a first offense; a fine of not less than $500 or more than $1,000 for a second offense; and a fine of $1,000 for a third or subsequent offense”
    lis.njleg.state.nj.us
  • “to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days”
    lis.njleg.state.nj.us
  • “in the case of a person whose blood alcohol concentration is 0.15 percent or higher, the person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of three months following installation of an ignition interlock device”
    lis.njleg.state.nj.us

Seat belts and child seats

Everyone in the car must buckle up. Not buckling up is a primary offense for the driver, front-seat passengers and anyone under 18; for rear-seat passengers 18 and older it is a secondary offense. Children under 8 and under 57 inches ride in a car seat or booster in the back seat.

Official wording (5 sources)
  • “each driver and front seat passenger of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system”
    lis.njleg.state.nj.us
  • “All rear seat passengers 18 years of age or older of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system”
    lis.njleg.state.nj.us
  • “Failure to wear a seat belt as a front seat passenger is a primary offense, allowing law enforcement to stop the vehicle if an officer does not see a seat belt being used. For passengers in the back seat, failure to wear a seat belt is a secondary offense.”
    nj.gov
  • “A child under the age of two years and weighing less than 30 pounds shall be secured in a rear facing child passenger restraint system, which is equipped with a five-point harness.”
    lis.njleg.state.nj.us
  • “A child under the age of eight years and less than 57 inches in height shall be secured”
    lis.njleg.state.nj.us

Move Over law

When you approach any stopped vehicle showing flashing or blinking lights, move into a lane not next to it if you safely can. If you can't, slow to below the speed limit and be ready to stop.

Official wording (3 sources)
  • “The operator of a motor vehicle approaching a stationary vehicle, as the term “vehicle” is defined in R.S.39:1-1, that is displaying flashing or blinking lights shall approach the stationary vehicle with due caution”
    lis.njleg.state.nj.us
  • “if a lane change pursuant to paragraph (1) of subsection a. of this section would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.”
    lis.njleg.state.nj.us
  • “A person who violates this section shall be fined not less than $100 and not more than $500.”
    lis.njleg.state.nj.us

School buses

On a road without a median or safety island, traffic in both directions must stop at least 25 feet from a school bus that is loading or unloading, and wait until the children are safe and the red lights stop flashing. On a divided highway, traffic behind the bus must stop; traffic on the other roadway must slow to 10 mph or less.

Official wording (3 sources)
  • “On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus”
    lis.njleg.state.nj.us
  • “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”
    lis.njleg.state.nj.us
  • “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”
    lis.njleg.state.nj.us

Speed limits

Where no other limit is posted: 25 mph in school zones (when children are present), business and residential districts; 35 mph in suburban business and residential districts; 50 mph elsewhere. Certain highways are posted at 65 mph.

Official wording (3 sources)
  • “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”
    lis.njleg.state.nj.us
  • “Twenty-five miles per hour in any business or residential district; (2) Thirty-five miles per hour in any suburban business or residential district”
    lis.njleg.state.nj.us
  • “Fifty miles per hour in all other locations, except as otherwise provided in the "Sixty-Five MPH Speed Limit Implementation Act,"”
    lis.njleg.state.nj.us

After a crash

If a crash injures or kills anyone, or damages one person's property by more than $500, notify the police right away. You must also send a written report to the MVC within 10 days, unless a police officer files a report.

Official wording (3 sources)
  • “involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department”
    lis.njleg.state.nj.us
  • “shall within 10 days after such accident forward a written report of such accident to the commission on forms furnished by it”
    lis.njleg.state.nj.us
  • “A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the commission pursuant to R.S.39:4-131.”
    lis.njleg.state.nj.us

Insurance

A standard New Jersey auto policy issued or renewed on or after January 1, 2026 must carry at least $35,000 per person and $70,000 per accident for bodily injury and $25,000 for property damage.

Official wording (4 sources)
  • “$35,000 for plans issued or renewed on or after January 1, 2026, exclusive of interest and costs, on account of injury to, or death of, one person, in any one accident”
    lis.njleg.state.nj.us
  • “$70,000 for plans issued or renewed on or after January 1, 2026, exclusive of interest and costs, on account of injury to or death of, more than one person, in any one accident”
    lis.njleg.state.nj.us
  • “an amount or limit of $25,000 for plans issued or renewed on or after January 1, 2023, exclusive of interest and costs, for damage to property in any one accident.”
    lis.njleg.state.nj.us
  • “may elect a basic automobile insurance policy providing the following coverage”
    lis.njleg.state.nj.us

Motorcycle helmets

Every motorcycle operator and passenger must wear an approved, securely fitted helmet with a chin or neck strap and reflectorized sides. Operators must also wear approved goggles or a face shield unless the motorcycle has a windscreen.

Official wording (3 sources)
  • “A person shall not operate or ride upon a motorcycle unless the person is wearing a securely fitted protective helmet of a size proper for that person and of a type approved by the chief administrator.”
    lis.njleg.state.nj.us
  • “No person shall operate a motorcycle unless he wears goggles or a face shield of a type approved by the director.”
    lis.njleg.state.nj.us
  • “Motorcycle operators are required to wear approved goggles or a face shield when operating a motorcycle, unless the motorcycle is equipped with a windscreen.”
    nj.gov

Motorcycle permit rules

You can get a motorcycle permit at 17 (parent consent under 18). Permit riders may not ride from a half hour after sunset to a half hour before sunrise, carry passengers, or use toll roads or limited-access interstates. Riders under 18 must complete a motorcycle safety course.

Official wording (7 sources)
  • “may issue for a specified period of not less than one year a passenger automobile or motorcycle-only examination permit to a person over 17 years of age”
    lis.njleg.state.nj.us
  • “shall not operate a motorcycle at any time from a half-hour after sunset to a half-hour before sunrise. A motorcycle operated by the holder of an examination permit shall carry only the operator”
    lis.njleg.state.nj.us
  • “shall not be operated on any toll road over which the New Jersey Turnpike Authority or the South Jersey Transportation Authority has jurisdiction or on any limited-access interstate highway”
    lis.njleg.state.nj.us
  • “who is less than 18 years of age, shall be required to successfully complete a motorcycle safety education course”
    lis.njleg.state.nj.us
  • “The following is prohibited: operating a motorcycle from one-half hour after sunset to one-half hour before sunrise; carrying passengers; and riding on any state toll road or limited-access highway.”
    nj.gov
  • “Applicants must be at least age 17; parent/guardian consent is required for persons under age 18.”
    nj.gov
  • “The mandatory minimum for practice riding is 20 days.”
    nj.gov

Lane splitting

Lane splitting is not allowed. New Jersey law requires vehicles to stay within a single lane, and the MVC manual tells riders not to ride between rows of stopped vehicles.

Official wording (2 sources)
  • “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.”
    lis.njleg.state.nj.us
  • “Do not ride between rows of stopped vehicles.”
    nj.gov

This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with New Jersey Motor Vehicle Commission.

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