New Jersey Traffic Statute Guide
N.J.S.A. 39:4-92, explained.
When a properly signaling emergency vehicle immediately approaches, motorists must pull parallel to the right edge, clear the intersection, and remain stopped. The same section adds distance rules around responding emergency vehicles and fire apparatus.
The Rule
Pull right, clear the intersection, and remain stopped
Unless an officer directs otherwise, a driver must immediately move as near as possible and parallel to the right edge or curb, clear of an intersection, stop, and remain there until the emergency vehicle passes. The trigger incorporates the audible and equipment conditions in 39:4-91.
A vehicle not on official business may not follow a responding emergency vehicle within 300 feet. It also may not drive or park within 200 feet of fire apparatus stopped in answer to a fire alarm.
What Must Be Proved
The charge is narrower than its label
- A qualifying emergency vehicle made an immediate approach with required warning signals, or the charged distance rule applied.
- The accused had the relevant vehicle position and opportunity.
- The driver failed to pull right, clear and stop, followed within 300 feet, or drove/parked within 200 feet of qualifying fire apparatus; no officer directed otherwise.
MVC points: 2; MVC groups 39:4-91 and 39:4-92 as failure to yield to emergency vehicles. The schedule does not erase the section's distinct clearance and distance theories.
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
Immediate approach
Relative direction, distance, siren activation, and traffic video show when the duty began.
Safe stopping location
Intersections, shoulders, barriers, pedestrians, and stopped traffic affect how quickly the driver could move parallel and clear.
Distance measurement
For 300- and 200-foot allegations, landmarks, video scale, GPS, and the fire apparatus's status matter.
Do not assume “move over” and “pull over” are the same charge. Stationary flashing vehicles are addressed in 39:4-92.2; this page addresses an approaching responder and the distance rules in 39:4-92.
Common Questions
Questions about 39:4-92
Should I stop inside the intersection?
No. The statute says move right and stop clear of an intersection.
How close may I follow an ambulance responding to a call?
A non-official vehicle may not follow within 300 feet.
Is this New Jersey's stationary-vehicle move-over law?
No. That is 39:4-92.2. Section 39:4-92 primarily addresses approaching emergency vehicles plus following and fire-scene distances.
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. 39:4-92
- Local Title 39 reference entry for N.J.S.A. 39:4-92
- 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. 39:4-92?
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.