ASSEMBLY, No. 2740
STATE OF NEW JERSEY
INTRODUCED MAY 13, 2010
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman L. GRACE SPENCER
District 29 (Essex and Union)
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
Assemblymen Conners, Fuentes, Giblin, Assemblywomen Pou, Quigley, Assemblymen Caputo, Gusciora, Assemblywomen Voss, Watson Coleman, Riley, Assemblymen Moriarty, Scalera, Senators Beach and Girgenti
Requires AG to study and report on graduated driver’s license program.
CURRENT VERSION OF TEXT
As amended by the General Assembly on May 20, 2010.
An Act requiring the Attorney General to study and report on the graduated driver’s license program 1[and concerning probationary driver’s licenses, amending P.L.1950, c.127, and supplementing Title 39 of the Revised Statutes]1 .
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. Section 4 of P.L.1950, c.127 (C.39:3-13.4) is amended to read as follows:
4. a. The holder of a special learner's permit shall be entitled to a probationary driver's license: (1) upon attaining the age of 17 years, (2) upon the satisfactory completion of an approved behind-the-wheel driver training course as indicated upon the face of the special permit over the signature of the principal of the school or the person operating the driving school in which the course was conducted, (3) upon the completion of six months' driving experience with a validated special learner's permit in compliance with the provisions of section 6 of P.L.1977, c.25 (C.39:3-13.2a), and (4) upon passing the road test pursuant to R.S.39:3-10.
b. The holder of a probationary license shall be permitted to operate the passenger automobile with only one additional passenger in the vehicle besides any dependent of the probationary license holder, except that this passenger restriction shall not apply: (1) when (a) the holder of the probationary license is operating the vehicle to, or from, school on a regularly scheduled school day or to, or from, a school activity or function, and (b) every passenger in the vehicle is a sibling, stepbrother, stepsister, half brother, or half sister of, and resides in the same household as, the holder of the probationary license, or (2) when the holder of the probationary license is at least 21 years of age or the probationary license holder is accompanied by a parent or guardian. Further, the holder of the probationary license who is under 21 years of age shall not drive during the hours between 11:01 p.m. and 5 a.m.; provided however, that this condition may be waived for an emergency which, in the judgment of local police, is of sufficient severity and magnitude to substantially endanger the health, safety, welfare, or property of a person or for any bona fide employment or religion-related activity if the employer or appropriate religious authority provides written verification of such activity in a manner provided for by the chief administrator.
c. The holder of the probationary license shall not use any hand-held or hands-free interactive wireless communication device, except in an emergency, while operating a moving passenger automobile on a public road or highway. "Use" shall include, but not be limited to, talking or listening on any hand-held or hands-free interactive wireless communication device or operating its keys, buttons, or other controls. In addition, the holder of the probationary license shall ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system.
d. In addition to any other penalties provided under law, the holder of a probationary license who accumulates more than two motor vehicle points or is convicted of a violation of R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a); P.L.1992, c.189 (C.39:4-50.14); R.S.39:4-129; N.J.S.2C:11-5; subsection c. of N.J.S.2C:12-1; or any other motor vehicle law the chief administrator deems to be significant and applicable pursuant to regulation shall, for the first violation, be required to satisfactorily complete a remedial training course of not less than four hours which may be given by the commission, a driving school licensed by the chief administrator pursuant to section 2 of P.L.1951, c.216 (C.39:12-2), or any Statewide safety organization approved by the chief administrator. The course shall be administered pursuant to rules and regulations promulgated by the chief administrator and subject to oversight by the commission. The authority of the chief administrator to suspend, revoke, or deny issuance of an initial or renewal license to operate a driving school or an instructor's license, and to assess fines, pursuant to P.L.1951, c.216 (C.39:12-1 et seq.) shall apply to any violations related to the administration of a remedial training course. The license holder shall also remit a course fee prior to the commencement of the course.
e. When notified by a court of competent jurisdiction that a probationary license holder has been convicted of a second or subsequent violation, in addition to any other penalties provided under law, the chief administrator shall, without the exercise of discretion or a hearing, suspend the probationary license for three months, and shall postpone eligibility for a basic license for an equivalent period. In addition, when the chief administrator is notified by a court of competent jurisdiction that a probationary license holder has been convicted of any alcohol or drug-related offense unrelated to the operation of a motor vehicle, and he is not otherwise subject to any other suspension penalty therefor, the chief administrator shall, without the exercise of discretion or a hearing, suspend the probationary license for six months.
f. The chief administrator shall provide the holder of a probationary license with two removable, transferable, highly visible, reflective decals indicating that the driver of the vehicle may be the holder of a probationary license. The decals shall be designed by the chief administrator, in consultation with the Division of Highway Traffic Safety in the Department of Law and Public Safety. The chief administrator may charge a fee for the decals not to exceed the actual cost of producing and distributing the decals. The decals shall be displayed in a manner prescribed by the chief administrator, in consultation with the Division of Highway Traffic Safety in the Department of Law and Public Safety, and shall be clearly visible to law enforcement officers. The holder of a probationary license shall not operate a vehicle unless the decals are displayed. The decal shall be removed once the driver's probationary license period has ended.
g. A probationary license may be sent by mail and shall be clearly identifiable and distinguishable in appearance from a basic license by any name, mark, color, or device deemed appropriate by the chief administrator.
(cf: P.L.2009, c.38, s.9)]1
1[2. (New section)] 1.1 The Attorney General, in consultation with the Chief Administrator of the New Jersey Motor Vehicle Commission and the Director of the Office of Highway Traffic Safety in the Department of Law and Public Safety, shall prepare and submit, within 2[one year] six months2 of the effective date of this act, to the Chair of the Senate Transportation Committee and the Chair of the Assembly Transportation, Public Works and Independent Authorities Committee, or the respective successor committees, as appropriate, a written report which shall make findings and recommendations on the impact and effectiveness of the State’s implementation, under P.L.2001, c.420 (C.39:12-4.1 et al.), of a program concerning new drivers. The report shall examine the operation and safety of motor vehicles by holders of special 1[learning] learner’s1 permits, examination permits, and probationary driver’s licenses and shall also make any recommendations necessary to better effectuate the highway safety of new drivers. The study shall include, but need not be limited to, an examination of the following: supervision requirements for permit holders; passenger restrictions; hours of operation limitations; seat belt requirements; hand-held or hands-free interactive wireless communication device use restrictions; and decal requirements and usage.
1[3.] 2.1 This act shall take effect immediately and 1[section 2]1 shall expire on the 30th day following submission of the report required to be prepared under 1[section 2 of]1 this act.