Home News Differences in Driving Laws: New York vs. New Jersey

Differences in Driving Laws: New York vs. New Jersey

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Every state has its own idiosyncrasies when it comes to driving laws, and New York and New Jersey are no exceptions. While New York (particularly NYC) is particularly legendary for its traffic, New Jersey is renowned for an entirely different reason: its strict driving laws. New Jersey has some of the toughest driving laws in the country — but how does it compare to driving in neighboring New York? We’ll take a look at a few common driving laws and how enforcement differs between the two states.

The Drivers License Compact

First, a few words about the Drivers License Compact. The DLC is an agreement between various states in the US that allows for the exchange of motorist data between those states — in particular, data such as driving records and violations. Not every state is a member of this compact, and not every state implements it the same way. New York and New Jersey are both members of this compact, which makes it easier for law enforcement and other agencies to compare data between the two states.

New Jersey vs. New York: How Driving Laws Differ

Now let’s compare driving laws between New York and New Jersey.

Points System

Both New Jersey and New York employ a “points system” to track and monitor traffic violations, accidents, and other driving infractions. However, the two states allocate points differently:

  • In New Jersey, points are assigned based on the severity of the incident, ranging from two to eight points. For example, failure to yield at a stop sign might earn you two points, while improper passing will earn you four. Racing on the highway will rack up five points, while causing a personal injury will cost eight. Your license is suspended at 12 points or more, and it’s likely to cause considerable expense getting it back.
  • New York’s points system works in a similar fashion, but results in a suspended license if you rack up 11 points or more in an 18-month period. Some common violations that will earn you points include improper use of a cell phone (5), child safety restraint violation (3), and failure to signal (2). The most serious violation is going 49 mph over the speed limit, which is 11 points and will result in an instant suspension of your license.

New York also has a Driver’s Responsibility Assessment Fee for those drivers who’ve accumulated six or more points within an 18-month period. Thanks to the Drivers License Compact, NJ motorists who are pulled over in New York may find themselves facing additional fees.

Car Insurance Requirements

The two states also have different auto insurance requirements, which isn’t unusual. Both states mandate minimum coverage (which, again, is standard practice), and the average rates will differ. Ross Martin at The Zebra shares some numbers: the average annual premium in New Jersey is $1,459 per year, while the average premium in New York is $1,600. Both are above the national average, and both can vary wildly by zip code — the yearly premium in Newark is $3,056 a year, while in New York it’s over $4,500 — a good reason to shop around and look for cheap New Jersey car insurance.

DUI / DWI Violations

Driving under the influence (DUI) violations are serious business in every state in the nation, and for good reason. Almost every state punishes intoxicated drivers severely, as driving while intoxicated presents a huge safety risk.

The state of New Jersey sets the legal blood alcohol limit (BAC) at 0.08%, with a zero-tolerance policy for any driver under the legal drinking age of 21. An arrest could lead to a 30 to 90 day suspension of your license, as well as a $300 to $500 fine. New Jersey also requires ignition locks and mandatory counseling for having higher BAC levels.

In New York, the legal BAC limit is 0.08%, and 0.04% for drivers of commercial vehicles. New York’s penalties are quite a bit stiffer: $100 to $500 for a first DUI offense, but up to $5,000 for a second offense, as well as a potential jail term of four years.

Distracted Driving Laws

Finally, a word on distracted driving. Like most other states in the nation, NY and NJ have laws against using a phone or mobile device while driving. New York prohibits texting, emailing, or “engaged in a call,” i.e. holding a phone to your ear, while the vehicle is in motion. A first offense will result in a fine of between $50 and $200 and a five-point penalty on their license.

New Jersey’s laws are considerably stricter: they also have a ban on texting and talking on the phone, but the first offense will yield a penalty of between $200 and $400 — and, in contrast to New York’s grace period of 18 months, New Jersey will increase penalties for any repeat offenses made within 10 years.