New Jersey Traffic Statute Guide
N.J.S.A. 39:4-82.1, explained.
On a genuinely divided highway, vehicles must use the right-hand roadway and may cross the divider only through an opening, crossover, or intersection established by public authority.
The Rule
The physical divider and authorized opening define the offense
The section applies when a highway is divided into two roadways by an intervening space, physical barrier, or clearly indicated dividing section constructed to impede traffic. Every vehicle must use the right-hand roadway.
A vehicle may not travel over, across, or within the dividing area except through an appropriate opening or at a crossover or intersection established by public authority. A worn path or gap made by others is not necessarily an authorized opening.
What Must Be Proved
The charge is narrower than its label
- The highway had a qualifying traffic-impeding division into two roadways.
- The vehicle used the left-hand roadway or entered/crossed the dividing area.
- The crossing was not through an appropriate publicly established opening, crossover, or intersection.
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
Does the divider qualify?
Design plans and photographs can distinguish a true divided-highway median from paint, a center lane, or a non-impeding area.
Public authorization
DOT or local records, signs, pavement design, and construction plans show whether an opening was officially established.
Exact path
GPS, dashcam, tire tracks, and officer vantage distinguish entering the divider from using the lawful crossover beside it.
Conditions change during road work. Preserve dated photographs and project traffic-control plans instead of relying on current satellite imagery alone.
Common Questions
Questions about 39:4-82.1
Can I use an opening in the median?
Only if it is an appropriate opening or a crossover or intersection established by public authority.
Does painted striping create a divided highway?
Not automatically. The statutory division must be an intervening space, physical barrier, or clearly indicated section constructed to impede traffic.
How many points is a conviction?
The current MVC points schedule assigns two points under 39:4-82.1.
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. 39:4-82.1
- Local Title 39 reference entry for N.J.S.A. 39:4-82.1
- 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. 39:4-82.1?
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.