New Jersey Traffic Statute Guide
N.J.S.A. 39:4-55, explained.
This older statute contains three distinct duties for mountain roads and steep grades: maintain control and keep right, do not coast downhill in neutral, and sound a warning before a curve with a sufficiently obstructed view.
The Rule
Three duties, each with its own trigger
On a steep grade or mountain highway, the driver must hold the vehicle under control and stay as near the right side as reasonably possible. On a downgrade, the driver may not coast with the gears in neutral.
When approaching a curve where the view is obstructed within 200 feet along the highway, the driver must give an audible horn or other warning. The 200-foot obstruction and approach to the curve are factual predicates, not optional details.
What Must Be Proved
The charge is narrower than its label
- The road and direction of travel triggered the charged grade, downgrade, mountain-highway, or obstructed-curve duty.
- The driver committed the specific alleged omission: lost control, failed to stay reasonably right, coasted in neutral, or failed to warn.
- For the horn theory, the view was obstructed within 200 feet along the highway.
MVC points: 2. 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
Road measurements
Survey images, measurements, grade, curve geometry, lane width, and sight distance test whether the statutory trigger existed.
Mechanical evidence
A claim of neutral coasting or lack of control may depend on gear data, brake condition, officer vantage, and driver statements rather than direct observation.
Reasonably possible
Debris, cyclists, parked vehicles, snow, shoulder failure, and lane narrowing can make travel closer to the right impracticable.
Take approach photographs in the same direction and similar lighting. A photograph from the curve's far side does not recreate the driver's sight line.
Common Questions
Questions about 39:4-55
Does the law require horn use at every curve?
No. The horn duty applies when the approaching driver's view is obstructed within 200 feet along the highway.
Is downhill coasting always illegal?
This section prohibits coasting in neutral while traveling downhill. It does not say that every moment without throttle is coasting in neutral.
What does “as near the right” mean?
The statute qualifies it with “as reasonably possible.” Road obstructions and safety conditions therefore matter.
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. 39:4-55
- Local Title 39 reference entry for N.J.S.A. 39:4-55
- 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. 39:4-55?
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.