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Improper Passing of Frozen Dessert Truck in New Jersey- 4 Points

It’s that time of the year again. Birds are chirping, the flowers are blooming, and the music of ice cream trucks fills the night air. With the return of ice cream trucks to the roadways also comes the return of tickets for the Improper Passing of a Frozen Dessert Truck (N.J.S.A. 39:4-128.4). Although you probably were taught it in Driver’s Ed., most people I have spoken with don’t remember that it is a serious motor vehicle violation if you are charged with improperly passing an Ice Cream Truck. Now you may be thinking, if it’s such a serious ticket to improperly pass a truck, how do I properly pass one? According to the statute, if a frozen dessert truck is stopped and has activated its flashing red lights and stop signal, any driver approaching or passing the truck must also stop. After stopping, the driver may then proceed past the truck at reasonable and prudent speed (not over 15 mph) but only after yielding the right of way to any pedestrian who is crossing to or from the frozen dessert truck. This law applies to both drivers on the same side of the road as the frozen dessert truck and to those on the other side of the road. If you were surprised that this statute is on the books, you may be even more surprised to learn that if convicted of Improper Passing of a Frozen Dessert Truck, you can be fined up to $100 and have four (4) points assessed on your driver’s record. For comparison, that is the same number of points that you would receive for speeding 15-29 miles over the speed limit and double the amount of points that you would receive for careless driving or failing to stop at a stop sign. This law was enacted to protect children (and some adults) who might be too excited at the prospect of ice cream on a hot day to remember to look both ways before crossing the street. So please keep this in mind when driving around this spring/summer in order to keep our roads safe. You’ll also safe yourself the trouble of having to go to Court. Keep in mind, if you receive twelve (12) points on your record, it will result in your license being suspended. Furthermore, if you receive six (6) points during any three year period, you will be required to pay a $150 surcharge in addition to any fines that the court imposes. If you or someone you know has been charged with this or any other motor vehicle violation, please contact me at or 908-693-9201 for a consultation.


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