ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4146

with committee amendments

STATE OF NEW JERSEY

DATED: JUNE 14, 2007

      The Assembly Law and Public Safety Committee reports favorably and with committee amendments Assembly Bill No. 4146.

      As amended and reported by the committee, Assembly Bill No. 4146 makes it a primary motor vehicle offense to use a hand-held wireless telephone or electronic communication device while driving, including using these devices to send a text message. 

      Current law prohibits the use of a hand-held wireless telephone while operating a motor vehicle, but this law may only be enforced as a secondary offense.  In other words, law enforcement officers must stop a motorist for some other offense or violation before they may issue a ticket for this offense.  Under the amended bill, motorists could be stopped and ticketed solely for illegally using a hand-held wireless telephone or electronic communication device.   

      The amended bill also expands the current law to prohibit the use while driving of an electronic communication device, unless it is used hands-free and also prohibits text messaging or sending an electronic message via a wireless telephone or electronic communication device. Under the amended bill, illegally sending a text message while driving also would constitute a primary offense.  The amended bill specifies that electronic communication devices do not include amateur radios.    

      The amended bill further provides that whenever the offense of unlawfully using a hand-held wireless telephone or electronic communication device to talk, listen, or send a text message while driving is used as an alternative offense in a plea agreement for another motor vehicle offense that would result in the assessment of motor vehicle points, the penalty is to be the same as the penalty that would be imposed for driving or operating a motor vehicle in an unsafe manner. 

      Finally, the amended bill sets the fine for a violation of its provisions at $100.  Under current law, the fine for using a hand-held cell phone while driving ranges from $100 to $250.  If the fine is paid through the violations bureau, it is $100, plus $30 court costs. If a person chooses not to pay the fine through the mail and attend court, the court has the discretion to impose a fine of up to $250, plus $30 court costs.

      As amended and reported by the committee, this bill is identical to Senate Bill No. 1099 (1R), also amended and reported by the committee on this same date. 

COMMITTEE AMENDMENTS:

      The committee amended the bill to: 

      1) make illegal use of hand-held wireless telephones and electronic communication devices primary offenses;

      2) specify that electronic communication devices do not include amateur radios;

      3) establish that an offender who pleas to this offense as an alternative to another moving violation for which points are assessed must pay the same penalties as those assessed for driving in an unsafe manner;

      4) clarify that the fine is $100; the current fine is from $100 to $250; and

      5) make technical corrections.