New Jersey Traffic Statute Guide
N.J.S.A. 39:4-128.4, explained.
A stopped ice cream truck triggers this statute only when its flashing red lights and stop arm are in use. Drivers approaching from either direction must stop, then may pass at no more than 15 mph while yielding to pedestrians.
The Rule
Equipment activation triggers the stop
A driver approaching or overtaking a frozen dessert truck stopped on the highway from either direction must stop before reaching it when the statutory flashing red lights and stop-signal arm are operating. After stopping, the driver may pass at a reasonable and prudent speed not over 15 mph and must yield to pedestrians crossing to or from the truck.
On a highway with dual or multiple roadways separated by safety islands or physical traffic-separation installations, a driver meeting or passing the truck on another roadway need not stop. Paint alone may not amount to the physical separation described.
What Must Be Proved
The charge is narrower than its label
- A frozen dessert truck was stopped on the highway with both flashing red lights and the stop arm in use.
- The accused approached or overtook it and failed to stop before reaching it, exceeded 15 mph afterward, or failed to yield to a crossing pedestrian.
- The vehicle was not on another roadway separated by a qualifying safety island or physical installation.
MVC points: 4. That figure comes from the current MVC schedule, not an old payable-ticket table.
Fine note: This section does not state its own dollar amount. This guide therefore does not present an old Violations Bureau payable amount as the current fine.
Evidence & Defenses
Details decide these cases
Lights and arm
Truck video, equipment inspection, witnesses, and patrol footage must establish that both statutory warnings were actually operating.
Roadway separation
Median construction, barriers, maps, and travel direction determine whether the other-roadway exception applies.
Stop, speed, and pedestrian
Analyze these separately. A complete stop does not excuse passing above 15 mph or failing to yield, and a speed estimate does not prove no stop.
Obtain video from the truck and nearby homes or businesses quickly. Confirm that the vehicle met the statutory frozen-dessert-truck equipment definitions rather than relying solely on its appearance.
Common Questions
Questions about 39:4-128.4
Must traffic in both directions stop?
Generally yes when the truck is stopped with red lights and stop arm operating, unless the vehicle is on another roadway separated by a safety island or physical traffic barrier.
May I pass after stopping?
Yes, at a reasonable and prudent speed no greater than 15 mph, while yielding to pedestrians going to or from the truck.
How many points is the offense?
The current MVC schedule assigns four points under 39:4-128.4.
Primary Sources
Read the official material
The explanation above was checked on September 5, 2026 against the New Jersey Legislature's official bulk text (codified through P.L.2025, c.405), the Legislature's live Title 39 compilation, and the MVC's current points table. The 2026 enacted-law index was also checked for later amendments affecting this batch.
- Official Legislature lookup for N.J.S.A. 39:4-128.4
- Local Title 39 reference entry for N.J.S.A. 39:4-128.4
- New Jersey Legislature official statute-text archive
- New Jersey MVC official points schedule
Related reading: New Jersey traffic-ticket defense and the New Jersey municipal court directory.
Charged under N.J.S.A. 39:4-128.4?
The citation is only the start. The location, observations, video, and exact subsection determine what the State can prove.
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Source verification completed September 5, 2026 against the New Jersey Legislature bulk statutes through P.L.2025, c.405, the exact Title 39 section, and the New Jersey MVC points schedule. Primary sources: Legislature statute archive and MVC points schedule. This is source verification, not a representation of attorney review. Laws change; nothing here is legal advice for your specific case.