STATE OF NEW JERSEY
213th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION
Sponsored by:
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
Assemblyman ERIC MUNOZ
District 21 (Essex, Morris, Somerset and Union)
Co-Sponsored by:
Assemblymen Diegnan, Giblin, Vas, Wisniewski, Conners, Moriarty, Assemblywomen Greenstein and Cruz-Perez
SYNOPSIS
Requires wheelchair securement and occupant securement devices for wheelchaired passengers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the use of wheelchair securement and occupant securement devices and supplementing chapter 3 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The driver of a passenger automobile shall secure or cause to be secured any wheelchaired passenger in a properly adjusted and fastened wheelchair securement and occupant securement device. The securement devices shall be in compliance with Federal Motor Vehicle Safety Standards.
For the purposes of this act, the term "passenger automobile" shall include vans, pick-up trucks and utility vehicles.
2. A person who violates this act shall be fined $100. In no case shall motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) be assessed against any person for a violation of this act. A person who is fined under this section for a violation of this act shall not be subject to a surcharge under the New Jersey Merit Rating Plan as provided in section 6 of P.L.1983, c.65 (C.17:29A-35).
3. This act shall take effect immediately.
STATEMENT
This bill would require a wheelchaired passenger to be secured in both a wheelchair securement and occupant securement device when traveling in a passenger automobile. The bill defines passenger automobile to include vans, pick-up trucks and utility vehicles.
Under the provisions of this bill, failure to properly secure a wheelchair bound passenger would result in a $100 fine. The bill specifically provides that no motor vehicle points or automobile insurance eligibility points are to be assessed against a violator, nor shall a violator be subject to a surcharge under the New Jersey Merit Rating Plan.