4.4 Headlight Laws, Vehicle Lighting, Cell Phone Rules & Littering
Key Takeaways
- Headlights must be used between one-half hour after sunset and one-half hour before sunrise, whenever windshield wipers are in use during rain/snow, or when visibility is below 500 feet.
- High beams are for open country driving only; under N.J.S.A. 39:3-60 you must dim within 500 feet of an oncoming vehicle and within 300 feet when following one.
- Operating a handheld cell phone is a primary offense ($200–$400 fine 1st offense, up to $800, 3 points, and suspension 3rd offense). GDL drivers cannot use hands-free devices either.
- Littering from a vehicle carries fines of up to $1,000 for throwing dangerous objects onto a roadway, and a motorist may lose the license if the vehicle was moving when the litter was thrown.
- Parking lights, daytime running lights, and fog lights cannot substitute for headlights when headlights are legally required; fog lights may only be used together with low beams, and spotlights may be used only in emergencies.
4.4 Headlight Laws, Cell Phone Rules & Traffic Control Devices
Quick Answer: Headlights must be turned on between one-half hour after sunset and one-half hour before sunrise, whenever windshield wipers are in use during rain/snow ("Wipers On, Lights On"), or when visibility is below 500 feet. High beams are for open country driving only; dim within 500 feet of an oncoming vehicle and within 300 feet when following one. Operating a handheld cell phone is a primary offense ($200–$400 fine 1st offense, up to $800, 3 points, and suspension 3rd offense). GDL drivers cannot use hands-free devices either. Sign shapes communicate meaning: Octagon = Stop, Inverted Triangle = Yield, Diamond = Warning, Round = Railroad ahead, Pentagon = School zone.
New Jersey Headlight Use Law (N.J.S.A. 39:3-46 & 39:3-47)
Headlights provide two vital functions: illuminating the roadway ahead for the driver and making the vehicle visible to other road users.
Mandatory Headlight Times & Conditions
New Jersey law requires headlights to be activated under three statutory conditions:
- Time Requirement: Between one-half hour after sunset and one-half hour before sunrise.
- Weather / Windshield Wipers Law: Whenever windshield wipers are in active use due to rain, sleet, snow, ice, or fog ("Wipers On, Lights On" law).
- Visibility Requirement: Whenever visibility is reduced to less than 500 feet due to fog, smoke, mist, or darkness.
CRITICAL RULE: Parking lights or daytime running lights (DRLs) alone do not satisfy New Jersey's mandatory headlight law during weather or twilight conditions.
High Beams (Brights) vs. Low Beams (Dims)
Headlights feature two beam settings designed for distinct driving environments:
| Beam Setting | Recommended Environment & Purpose | Dimming Rules & Regulations |
|---|---|---|
| High Beams (Bright Beams) | Open country driving with no other traffic in sight | See farther ahead and at a wider angle; MUST dim within 500 feet of an oncoming vehicle |
| Low Beams (Dim Beams) | City driving, driving in traffic, and in fog, rain, or snow | Aimed down at the road; MUST be used within 300 feet when following another vehicle |
- Blinded by High Beams: If an oncoming vehicle fails to dim its high beams, do not stare directly into the oncoming headlights and never flash your own brights back. Look toward the right edge of your lane or the white fog line until the vehicle passes. It takes three to five seconds to recover from oncoming high-beam glare — at 50 mph you will travel the length of a football field effectively blind.
- Parking lights are not headlights. Parking or auxiliary lights may never be used in place of headlights when headlights are legally required. Parking lights are for showing where a parked vehicle sits, and are required on vehicles parked outside business or residential zones.
- Fog lights are auxiliary lights used with low beams in fog (N.J.A.C. 13:20-32.25); spotlights may be used only in emergencies and never for driving.
Cell Phone & Texting Law (N.J.S.A. 39:4-97.3)
New Jersey strictly prohibits the use of handheld wireless communication devices while driving. Using a handheld cell phone or texting while driving is classified as a primary offense, meaning a police officer can pull a driver over solely for observing cell phone use.
| Offense Level | Monetary Fine | Motor Vehicle Points & License Sanctions |
|---|---|---|
| 1st Offense | $200 – $400 | 0 Points |
| 2nd Offense | $400 – $600 | 0 Points |
| 3rd Offense | $600 – $800 | 3 Points & potential license suspension up to 90 days |
Statutory Exceptions
Handheld cell phone use by drivers is permitted only during emergency situations: a fire, a traffic crash, a serious road hazard, a medical emergency, or a hazardous-material emergency. Even then the driver must keep one hand on the steering wheel, and may be asked to produce testimony, written statements from the responding authority, or telephone records to prove the call was lawful.
A separate statute raises the stakes further: Kulesh's, Kubert's and Bolis' Law (2012) makes illegal cell phone use while driving evidence of recklessness under the vehicular homicide (N.J.S.A. 2C:11-5) and assault-by-auto (N.J.S.A. 2C:12-1) statutes. A school bus driver may not use a handheld or hands-free phone while operating a school bus except in an emergency or when parked safely off the highway (N.J.S.A. 39:3B-25).
GDL Electronic Device Restriction
Holders of a Graduated Driver License (Special Learner Permit, Examination Permit, or Probationary License) are strictly prohibited from using any electronic device while driving—including hands-free cell phones, Bluetooth earpieces, or hands-free text systems.
Littering Law (N.J.S.A. 39:4-63)
Throwing trash, debris, or dangerous objects from a vehicle onto roadways or public property is illegal in New Jersey.
- Fine: Up to $1,000 fine per violation.
- License Loss Risk: If the vehicle was moving when the litter was thrown, the motorist may lose his or her driver license. All trash, debris, or rubbish carried in a vehicle must be covered so that it cannot blow onto the roadway (N.J.S.A. 39:4-63, 39:4-64).
Every Other Lamp on the Vehicle
Headlights get the attention, but New Jersey assigns a legal role to each of the other lamps as well:
| Lamp | Legal role |
|---|---|
| Parking lights | For short-term use only, to show other motorists where a parked vehicle sits. Required on vehicles parked in areas other than business or residential zones. Never a substitute for headlights. |
| Taillights | Turn on with the headlights and parking lights, and brighten when the brakes are applied. During the day, without headlights, they still light when braking. |
| Brake lights | Brighten on braking to show the vehicle is slowing or stopping. |
| Interior / overhead lights | Use only briefly when necessary, or to comply with a police officer's request to illuminate the driver's compartment when stopped. Refusing that request carries a $50 fine (N.J.S.A. 39:4-57.1). |
| Dashboard lights | Keep dim enough to avoid glare but bright enough to read the dials. |
| Spotlights | Emergencies only — the same rule applies to hazard flashers. Spotlights may never be used for driving. |
| Fog lights | Auxiliary lights used with low beams to light the road ahead in fog (N.J.A.C. 13:20-32.25). |
Where to find the rest. Traffic signals and their flashing indications, sign shapes and colours, warning and work-zone signs, and pavement markings are covered in Chapter 2: Traffic Signs, Signals & Road Markings. This section deals only with the lighting, distraction, and littering laws in Chapter 4 of the Driver Manual.
Key Exam Traps & Common Misconceptions
- Trap 1: Wipers on, lights on. The trigger is the wipers being in use, not the intensity of the rain.
- Trap 2: 500 feet oncoming, 300 feet following. Two different high-beam dimming distances under N.J.S.A. 39:3-60.
- Trap 3: The first cell phone offense carries no points. Points (3) and a possible 90-day suspension arrive at the third offense — but the fine starts at $200 immediately.
- Trap 4: Daytime running lights are not headlights. DRLs typically leave the taillights dark, which is exactly what other drivers need to see in rain or fog.
Under New Jersey law, headlights must be activated during daylight hours under which specific weather condition?
What is the fine for a first offense of violating New Jersey's handheld cell phone and texting law (N.J.S.A. 39:4-97.3)?
Under New Jersey law, may parking lights or daytime running lights be used in place of headlights when headlights are required?
How many motor vehicle penalty points does a driver receive for a first offense under New Jersey's handheld cell phone law?
A motorist driving with high beams (brights) on an unlit road must dim headlights to low beams when approaching an oncoming vehicle within what distance?