Do Drivers Have to Stop For Ice Cream Truck in New Jersey?

Summer is ice cream season and there's a good chance you will soon hear strains of the Ice Cream Truck song in your neighborhood, as the good old ice cream truck makes its rounds.

But, if you are driving by when the ice cream man is doing business, do you have to stop for the ice cream truck?

Do Drivers Have to Stop for the Ice Cream Truck in New Jersey?

Yes, according to the 2023 New Jersey Revised Statutes Section 39:4-128.4, you are required to stop for a frozen dessert truck when its flashing red lights and stop signal arm are in use.

39:4-128.4. Approaching or overtaking a stopped frozen dessert truck:

a). The driver of a vehicle approaching or overtaking from either direction a frozen dessert truck stopped on the highway shall stop before reaching the truck when the flashing red lights and stop signal arm are in use.

After stopping, a driver may proceed past such truck at a reasonable and prudent speed, not exceeding 15 miles per hour, and shall yield the right of way to any pedestrian who crosses the roadway to or from the frozen dessert truck.

b). The driver of a vehicle on a highway having dual or multiple roadways separated by safety islands or physical traffic separation installations need not stop upon meeting or passing a frozen dessert truck on another roadway.

What is the Penalty for Not Stopping For An Ice Cream Truck?

Failing to obey this law is considered a violation of New Jersey traffic laws, and penalties may apply. The specific penalties will depend on the circumstances of the case and your driving record.

Rest assured, though, if you do not stop for an ice cream truck and you hit a child running to the truck you will be dealt with severely.