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What do you mean "hopefully" is it that you hope to pass or that you are not sure if the course will remove the points ? BTW is this course approved by the N.J. MVC ? Keep in mind that your insurance company might still raise your rates due to the infraction even though all points are removed from your license. Well at least you won't risk losing your DL.

FWIW, here's an update. Showed up in court 9am this morning (no way to play the ticket online, have to appear - not that I would have), got checked in and waited for the DA (is that the DA?) to call my name.

He says "I can bring it down to 2 points, disobeying a traffic signal, (or something like that) and $139 fine". I plead guilty to the nice lady Judge, go downstairs to pay the bill and I'm home by 10:15am.

Now I get to take the safety driving course online for $14.95 and hopefully get the other 2 points off.

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I don't think there should be traveling ice cream trucks. These trucks park where ever they want and cause traffic problems. I'd rather go to court as a signed witness against the driver of the truck than trying to defend myself against the state due to a moving violation. If the state was really serious about the FDL then they would regulate the use of these child luring vehicles.

Thank you all for your comments/advise. Will appear at court at some point and update you guys.

Cheers

I pass that thing every day. The Stop sign clearly says "STOP and then GO if clear" - 5 seconds of our lives to stop and avoid possibly hitting a child is fine by me.

That said, the officer could have just given you a warning and explained the rules since it was a first offense, and it is a bit confusing for some.

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Actually saw this same truck parked at the intersection of York on Marin, at a traffic light when the school was getting out. It had the same sign extended and flashing which told me that every car on Marin had to stop at the extended sign off the truck.... no problem, I was walking... but if I had a car at rush hour trying to get through red lights @ York and Grand, I might be pissed by the ice cream truck,... especially when it can move off Marin, on to York!!!

I can't believe we have an 'act' to accommodate the needs for a private enterprize nothing to do with road maintenance or school services (buses). A frozen dessert van can impede traffic flood and create unneccesary risk for kids.
Cityhall should allocate parking spaces for a fee near parks, like food vans in our business districts that are a 'vender only permit bay'. This way the traffic flow is not impeded, the dessert van is parked legally and children can access it from the sidewalk. These dessert vans are not emergency vehicles or providing a nonprofit service of a school bus.
Personally I see these dessert vans as a private business and should comply like the rest of us with the same restrictions. If there is a safety issue for kids, its these vans that have created it, therfore they should be parked correctly and in the best possible 'safe' location.
I'm sure couriers / parcel van would love to have 'red lights' on their vans and make deliveries with special treatment.

There's a ice cream truck parked practically in the crosswalk on Washington Blvd across medium from PATH station and entrance to Mall for hours - at all hours of the day/evening. Nowhere near a playground or park. Cars drive by it constantly as they go through the intersection when light goes green (3 lanes travelling south) - no one ever stops.
Does the lane closest to food truck, I mean Ice Cream Truck, have to stop and the other two lanes as normal?

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Google "unsafe operation." For the privilege of paying around $400 (+ the ticket and court fees) you can plead to that lesser offense.

link

Check with your insurance company. Even after they reduce the ticket, you still may pay an auto insurance surcharge. What you won't get is state points on your license.

Jaded:
> We're supposed to come to a full stop at ice cream trucks?
> Are we supposed to stay stopped as long as the truck is
> selling stuff?

The stop sign on the truck arm tells you exactly what to do, it says:


STOP!
and then go if clear.


Robin.

How about if the "Frozen Desert" truck's customers are acting like animals?

Last week in Hoboken -- click to enlarge.

the last ticket i received that had points, showed up in court, there's a separate line for people who want to plead guilty and pay "surcharge", $200 for 2 points, so for a total of $325, my record is clean.

also, if you are willing to wait all evening, the officer usually doesn't show up and it gets rescheduled. the second time the officer is a no-show, judge dismisses the complaint

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There are many reasons to go to court. It is a 4 point offense, but prosecutors routinely will let you plead down for fewer points and a fine. Nothing wrong with that.

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Yeah, and what a unique ticket to have!

Pay the ticket. You broke the law. Why would you go to court? You admittedly did exactly what you were charged with.

Full stop then proceed with caution.

We're supposed to come to a full stop at ice cream trucks? Are we supposed to stay stopped as long as the truck is selling stuff? That could be forever on a hot summer day. I know about coming to a full stop - and staying stopped - for school buses making dropoffs and pickups. I didn't know the law extended to ice cream trucks.

yes it did, but it didn't really register to me as i passed it.

usually if you show up in court they level a surcharge plus fine & court fees. anyone know what this is costing lately?

thanks

Did the truck have lights flashing and the sign extended? Maybe you will be able to poke some holes into the cop's case.

39:4-128.4 Improper Passing of a Frozen Dessert Truck
39:4-128.3. Definitions For the purposes of this act:

a. "Division" means the Division of Motor Vehicles.

b. "Frozen dessert truck" means every motor vehicle in which frozen desserts are carried for purposes of retail sale on the streets of the State.

c. "Vend" or "vending" means offering frozen desserts for sale from a motor vehicle on the streets of the State.

d. "Frozen desserts" means ice cream, frozen custard, French ice cream, French custard ice cream, sherbet, fruit sherbet, ice milk, ice, water ice, non fruit sherbets, non fruit water ices, freezer made milk shakes, quiescently frozen confection, quiescently frozen dairy confection, whipped cream confection, bisque tortoni, artificially sweetened ice cream, or artificially sweetened ice milk, special frozen dietary foods, frozen yogurt, mellorine frozen desserts, as all such products are commonly known, together with any such mix used in frozen desserts and any products which are similar in appearance, odor or taste to such products or are prepared or frozen as such products are customarily prepared or frozen whether made with dairy or non-dairy products and ice flavored with syrup. L.1979, c. 438, s. 1.

39:4-128.4. Improper passing of a frozen dessert truck, passing ice cream truck, Approaching or overtaking stopped frozen dessert truck; stopping 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 described in section 3 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.

L.1979, c. 438, s. 2.

39:4-128.5. Frozen dessert truck; equipment In addition to other equipment required by law, every frozen dessert truck shall be equipped with:

a. Signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be 5 to 7 inches in diameter and shall display two alternately flashing red lights visible at 500 feet to the front and rear in normal sunlight upon a straight level highway.

b. A stop signal arm that can be extended horizontally from the left side of the truck. When such arm is extended, the side of the stop signal arm nearest the truck shall be 7 1/4 inches long and parallel to the side of the truck. The side furthest from the truck shall be 18 inches long and parallel to the side nearest the truck. The two sides shall be 18 inches apart creating a symmetrical, trapezoidal shape. Two alternately flashing red lights shall be located in the outside corners of the extended signal arm and such corners shall be rounded to conform with the shape of the lights. Each red light shall be 3 to 5 inches in diameter and visible at 300 feet to the front and rear in normal sunlight upon a straight and level street. Both sides of the signal arm shall have a red reflectorized background and the following legend: The word "STOP" shall appear in 6-inch high, 1 inch wide white letters in the middle of the signal arm; above the word "STOP," the phrase "IF SAFE" shall appear in 2 inch high, one-quarter inch wide white letters; below the word "STOP," the phrase "THEN GO" shall appear in 2 inch high, one-quarter inch wide white letters. All colors shall meet specifications in the most recently published Federal Highway Administration Standard Color Charts. The bottom of the extended signal arm shall be 42 inches above the street.

c. A convex mirror mounted on the front so the driver in his normal seating position can see the area in front of the truck obscured by the hood.

L.1979, c. 438, s. 3.

39:4-128.6. Stopped frozen dessert truck; duty of driver a. The driver of a frozen dessert truck stopped on the highway for the purpose of vending shall actuate the special red flashing lights and extend the stop signal arm required by section 3.

b. These lights and the stop signal arm shall not be used when the truck is in motion nor at any time the truck is stopped for a purpose other than vending.

L.1979, c. 438, s. 4.

wow. office in an unmarked old Ford Taurus issued me this ticket when I failed to make a full stop at that Mr. Softie on HP (9th and Jersey Ave). I did slow down to a crawl, but i guess it wasn't good enough.

anyone have any experience or advice on how to handle this one?

Thanks in advance.