STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblywoman CAROLINE CASAGRANDE
District 12 (Mercer and Monmouth)
Assemblywoman CARIDAD RODRIGUEZ
District 33 (Hudson)
Co-Sponsored by:
Assemblywoman Quijano
SYNOPSIS
Prohibits use of wireless telephones or electronic communication devices by operators of public transit vehicles while vehicles are moving.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act prohibiting the use of wireless telephones and electronic communication devices by operators of public transportation service and supplementing P.L.1979, c.150 (C.27:25-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The use of a wireless telephone or electronic communication device by an operator of a moving vehicle involved in the provision of public transportation service, as defined under section 3 of P.L.1979, c.150 (C.27:25-3), and including light rail service or any other operations for the purpose of carrying passengers in this State or between points in this State and points in other states, provided by the New Jersey Transit Corporation, any public or private entity under contract to the corporation, or any private entity operating under the authority of a certificate of public convenience and necessity issued under Title 48 of the Revised Statutes, is unlawful.
“Use” of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.
b. The operator of a moving vehicle involved in the provision of public transportation service may use a wireless telephone or electronic communication device under the following circumstances:
(1) in the event of an emergency; or
(2) when radio communication failure occurs.
c. A violation of this section is a disorderly persons offense.
2. This act shall take effect immediately.
STATEMENT
This bill would prohibit the use of a wireless telephone or electronic communication device by an operator of a moving vehicle involved in the provision of public transportation service. Such service may be provided by New Jersey Transit, any public or private entity under contract to New Jersey Transit, or any private entity operating under the authority of a certificate of public convenience and necessity. “Use” of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message a via the wireless telephone or electronic communication device.
An operator of a moving vehicle involved in the provision of public transportation service may use a wireless telephone or electronic communication device in the event of an emergency or when radio communication failure occurs.
A violation of this bill is considered a disorderly persons offense, which is punishable by a fine not exceeding $1,000, imprisonment for up to 6 months, or both.