Is Lane Splitting Legal in New Jersey? (2026 Law)

New Jersey's motor vehicle code neither authorizes nor expressly prohibits lane splitting by name. What governs a rider instead are the general rules that bind every driver, starting with N.J.S.A. 39:4-88(b): on a roadway divided into clearly marked lanes, "A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety." A violation of that lane rule carries a fine of $100 to $300 plus a $50 surcharge under 39:4-88.1. For how other states handle the practice, see our guide to lane splitting laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Jersey statutes in Title 39: the definitions in 39:1-1, the motorcycle duty provision in 39:3-76.11, the keep-right, passing, lane, following and two-abreast rules in 39:4-82, 39:4-85, 39:4-88, 39:4-89, 39:4-14.2 and 39:4-10.11, the speed rule in 39:4-98, license revocation in 39:5-31, the lane fine in 39:4-88.1, the fine-doubling provisions in 39:4-98.6 and 39:4-203.5, the careless, unsafe-manner and reckless driving offenses in 39:4-97, 39:4-97.2 and 39:4-96, and the penalty sections 39:4-104 and 39:4-203. It also covers the Port Authority crossing rules in 32:1-154.1 and 32:1-154.5, the New Jersey Judiciary's Statewide Violations Bureau Schedule and the Motor Vehicle Commission (MVC) points schedule under N.J.A.C. 13:19-10.1. It does not cover municipal ordinances, other toll-road authority rules, insurance consequences, commercial license rules, or the law of other states.

What New Jersey law says about riding between lanes

None of the Title 39 sections discussed here uses the words lane splitting or lane filtering, and none sets a rule for motorcycles riding between lanes or between rows of vehicles. The motorcycle sections, 39:3-76.3 through 39:3-76.11, contain no lane rule.

What they do contain is a link to the general rules of the road. Under N.J.S.A. 39:3-76.11, "Every person operating a motorcycle upon a public road or highway shall be subject to all of the duties applicable to the driver of a vehicle under chapter 4 of Title 39 of the Revised Statutes ..." The same sentence also makes riders subject to the death-by-auto section, N.J.S.2C:11-5, and the strict liability vehicular homicide section, 2C:11-5.3. The definitions section, 39:1-1, points the same way: "'Driver' means the rider or driver of a horse, bicycle, or motorcycle or the driver or operator of a motor vehicle, unless otherwise specified."

So a rider in New Jersey is held to the same lane, keep-right and passing rules as a car driver. The table below sets out how those rules line up with the common maneuvers.

The single-lane rule

The opening of 39:4-88 and its subsection (b) read: "When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following regulations: ... b. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety."

The rule turns on marked lanes. It does not mention motorcycles, and it does not address two vehicles sharing a lane. New Jersey courts treat 39:4-88(b) as the failure-to-maintain-lane offense: in State v. Baverov (App. Div. Aug. 11, 2025), a car case, the defendant "was charged with DWI, N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; and failure to maintain lane, N.J.S.A. 39:4-88(b)."

Keeping right and passing on the right

Under 39:4-82, "Upon all highways of sufficient width, except upon one-way streets, the driver of a vehicle shall drive it on the right half of the roadway. He shall drive a vehicle as closely as possible to the right-hand edge or curb of the roadway, unless it is impracticable to travel on that side of the roadway, and except when overtaking and passing another vehicle subject to the provisions of sections 39:4-84 and 39:4-85 of this Title."

Passing is governed by 39:4-85. The section opens with the default rule: "The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle." It continues:

"If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn. The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway."

The sentence on lines of traffic lets vehicles in one line pass vehicles in another line. It does not mention motorcycles, and it does not speak to riding between lines of traffic.

Riding on the shoulder

Section 39:1-1 defines the roadway as "that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder," and the shoulder as "that portion of the highway, exclusive of and bordering the roadway, which is designed for emergency use but not ordinarily to be used for vehicular travel." Read with the last sentence of 39:4-85, a rider may not pass on the right by moving onto the shoulder.

Port Authority bridges and tunnels

On the interstate vehicular crossings operated by the Port Authority, traffic rules adopted by the legislatures of New Jersey and New York are "binding upon all persons" under N.J.S.A. 32:1-154.1. One of them, 32:1-154.5, provides that "where a roadway is marked with traffic lanes vehicles shall not cross markings." Unlike 39:4-88(b), that rule has no "as nearly as practicable" qualifier, though the sentence opens "Unless otherwise directed."

What happens if you are stopped

Each rule has its own penalty layer. The amounts below come from the statutes, the Judiciary's Statewide Violations Bureau Schedule (each page reads "Updated on July 29, 2021") and the MVC points schedule. A schedule amount is the figure payable without a court appearance; it is not the statutory range.

The lane fine and surcharge

N.J.S.A. 39:4-88.1 reads: "The penalty for a violation of failing to keep right under R.S.39:4-82 or failure to observe traffic lanes under R.S. 39:4-88 shall be a fine of not less than $100 or more than $300. In addition to any fine that may be imposed, a surcharge of $50 shall be imposed on each person found guilty of a violation of R.S.39:4-82 or R.S.39:4-88." The schedule adds that the lane offense "is not payable for those holding a commercial driving license."

The passing penalty

Section 39:4-85 states no penalty of its own. In State v. Duthie (App. Div. 1985), the Appellate Division held that a person who violates it "is subject to the same general penalty specified in N.J.S.A. 39:4-203." That section provides "a penalty of not more than $50.00 or imprisonment for a term not exceeding 15 days, or both," and, for a section of article 11, 13, 14 or 17 of the chapter, "a penalty of not less than $50.00 or more than $200.00 or imprisonment for a term not exceeding 15 days, or both."

Doubled fines in work zones, safe corridors and 65 mph zones

Under 39:4-203.5(b), the fine for listed offenses "when committed in an area of highway construction or repair, or when committed in a designated safe corridor, shall be double the amount specified by law." The list includes 39:4-82, 39:4-85, 39:4-88, 39:4-89, 39:4-96, 39:4-97 and 39:4-97.2, and where a construction area lies within a safe corridor the fine is "doubled only once." Section 39:4-98.6(a) separately doubles the fine for 39:4-85, 39:4-88, 39:4-89, 39:4-96 and 39:4-97 when committed in an area designated as having a 65 mph speed limit.

Following too closely

Under 39:4-89, "The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway." Like 39:4-85, it states no penalty of its own, and 39:4-203 covers any provision of chapter 4 "for which no specific penalty is provided," so one of the two 39:4-203 ranges set out above applies; the statute text does not say which. The MVC chart lists 5 points for tailgating.

Points

The MVC rule, N.J.A.C. 13:19-10.1, says a person "convicted of any of the following offenses ... shall be assessed points for each conviction in accordance with the following schedule." The regulation and the MVC chart list 2 points for failure to observe traffic lanes, 4 for improper passing on the right or off the roadway, 5 for tailgating, 2 for careless driving and 5 for reckless driving.

Careless, unsafe-manner and reckless driving

Each of these is a separate charge with its own elements, and whether a particular ride meets them depends on the facts.

Careless driving. Under 39:4-97, "A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving." The section states no penalty of its own. In State v. Palma, 219 N.J. 584 (2014), the New Jersey Supreme Court explained that under 39:4-104 a person convicted of careless driving "shall, for each violation, be subject to a fine of not less than $50.00 or more than $200.00, or imprisonment for a period not exceeding 15 days, or both," unless otherwise provided. On the Judiciary schedule, careless driving is payable only where there was no accident with personal injury.

Driving in an unsafe manner. 39:4-97.2 makes it "unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property." A first conviction carries a fine of $50 to $150 and no points; a second, $100 to $250 and no points; a third or subsequent, $200 to $500 and points, but an offense "that occurs more than five years after the prior offense shall not be considered a subsequent offense" for points purposes. The MVC chart lists 4 points, assessed only for a third or subsequent offense within five years. The section also provides for a $250 surcharge for offenses before the first day of the month after a written notice required by a 2019 law (P.L.2019, c.301) is transmitted to the State Treasurer and the MVC Chief Administrator.

Reckless driving. Under 39:4-96, "A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving." A first conviction is punishable by up to 60 days in the county or municipal jail, a fine of $50 to $200, or both. A second or subsequent conviction is punishable by up to three months, a fine of $100 to $500, or both. Reckless driving does not appear on the Judiciary's schedule of payable amounts.

Speed and license revocation. The speed limits in 39:4-98 are "Subject to the provisions of R.S.39:4-96 and R.S.39:4-97," the reckless and careless driving sections. Under 39:5-31, the director or a magistrate hearing the case "may revoke the license of any person to drive a motor vehicle" for a willful violation that, in the magistrate's discretion, justifies revocation.

Federal law

We found no federal statute or regulation that addresses lane splitting; the rules come from state traffic law. The NHTSA motorcycle safety page tells riders to "Obey traffic lights, signs, speed limits, and lane markings," and the federal motorcyclist safety grant rule, 23 CFR 1300.25, sets program criteria without any lane-use requirement.

If a crash happens

How a lane or passing violation can bear on fault and an injury claim is covered in our guide to New Jersey motorcycle accident laws. For the rules that apply to every driver after a collision, see New Jersey car accident laws.

Gaps in the public record

• No published New Jersey appellate opinion cited here applies 39:4-88(b) or 39:4-85 to a motorcycle riding between lanes.
• Which article of chapter 4 contains 39:4-85 and 39:4-89, and so which of the two 39:4-203 ranges applies to them, is not stated in the sources cited here.
• The MVC rule assesses points on conviction. Whether paying a ticket through the violations bureau counts as a conviction is not addressed in the sources cited here.
• Whether the notice that ends the 39:4-97.2 surcharge has been sent is not addressed in the sources cited here.
• The schedule amounts are from the version updated July 29, 2021. Bills from the 2025-2026 legislative session on lane filtering are not covered here.

Related pages

• Lane splitting laws by state
• New Jersey motorcycle accident laws
• New Jersey car accident laws
• New York lane splitting laws
• Pennsylvania lane splitting laws

This article provides general legal information about New Jersey law, not legal advice. For advice about a specific situation, contact a lawyer licensed in New Jersey or the municipal court named on your ticket.

Last updated: 2026-10-11.

Frequently Asked Questions

Is lane splitting legal in New Jersey?

New Jersey's motor vehicle code neither authorizes nor expressly prohibits lane splitting by name. Riders must still follow the general marked-lane rule in N.J.S.A. 39:4-88(b), which requires a vehicle to be driven as nearly as practicable entirely within a single lane.

Is lane filtering at red lights allowed in New Jersey?

No New Jersey statute authorizes filtering between stopped cars by name. The single-lane rule in 39:4-88(b) applies to every vehicle on a roadway divided into clearly marked lanes, and its text has no stopped-traffic exception.

What is the fine for failing to stay in a lane in New Jersey?

N.J.S.A. 39:4-88.1 sets a fine of $100 to $300 for failure to observe traffic lanes under 39:4-88, plus a $50 surcharge. The Judiciary schedule (updated July 29, 2021) lists a payable amount of $186, or $291 in a safe corridor, construction zone or 65 mph area.

How many points is a lane violation in New Jersey?

The MVC points schedule assigns 2 points for failure to observe traffic lanes (39:4-88), 4 points for improper passing on the right or off the roadway (39:4-85), 5 for tailgating, 2 for careless driving and 5 for reckless driving. Points are assessed on conviction under N.J.A.C. 13:19-10.1.

Can motorcycles ride on the shoulder in New Jersey?

Not to pass. N.J.S.A. 39:4-85 says passing on the right may in no event be made by driving off the pavement or main-traveled portion of the roadway, and 39:1-1 defines the shoulder as designed for emergency use but not ordinarily to be used for vehicular travel.

Can two motorcycles ride side by side in one lane in New Jersey?

Title 39's two-abreast rules cover bicycles (39:4-14.2) and roller skates and skateboards (39:4-10.11), and the motorcycle sections 39:3-76.3 to 39:3-76.11 contain no two-abreast rule. The general requirement to drive as nearly as practicable entirely within a single lane (39:4-88(b)) still applies to each rider.

Is lane splitting reckless driving in New Jersey?

Reckless driving under N.J.S.A. 39:4-96 is a separate charge with its own elements: driving heedlessly, in willful or wanton disregard of the rights or safety of others, so as to endanger or be likely to endanger a person or property. Whether a particular ride meets them depends on the facts; a first conviction carries up to 60 days in jail, a $50 to $200 fine, or both.