New Jersey Traffic Statute Guide
N.J.S.A. 39:4-87, explained.
A driver who is about to be overtaken from behind must give way to the right and may not increase speed until completely passed. The trigger and timing distinguish this from ordinary keep-right rules.
The Rule
Do not block or accelerate through an overtake
The duty arises when a vehicle on a highway is about to be overtaken and passed by a vehicle approaching from the rear. The overtaken driver must give way to the right in favor of the passing vehicle.
That driver also must not increase speed until the passing vehicle has completely passed. The passing driver's own legality may be relevant context, but it does not automatically answer whether the accused accelerated or refused to give way.
What Must Be Proved
The charge is narrower than its label
- A rear-approaching vehicle was about to overtake and pass on a highway.
- The accused was the driver being overtaken.
- The accused failed to give way right or increased speed before the pass was complete.
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
Was there an overtake?
Relative positions, signals, lane availability, and video must show more than another car following or tailgating.
Acceleration proof
Vehicle data, video intervals, GPS, and pacing can test an officer's impression that speed increased.
Room to give way
Road edge, cyclists, parked cars, barriers, and lane configuration affect whether rightward movement was available.
Preserve rear-facing camera video if available. Front-only video often misses the signal and approach that allegedly triggered the duty.
Common Questions
Questions about 39:4-87
Must I speed up to finish a pass against me?
No. The statute says the overtaken driver must not increase speed until completely passed.
What if there was nowhere to move right?
Available roadway is an important fact. The State still must prove failure to give way under the actual lane and obstruction conditions.
Does the other driver's illegal pass excuse everything?
Not automatically. It may affect credibility, notice, and safety context, but each driver's conduct must be analyzed under the applicable rule.
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. 39:4-87
- Local Title 39 reference entry for N.J.S.A. 39:4-87
- 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. 39:4-87?
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.