SENATE, No. 248

STATE OF NEW JERSEY

214th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Senator† CHRISTOPHER "KIP" BATEMAN

District 16 (Morris and Somerset)

Senator† NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

 

 

 

 

SYNOPSIS

†††† Clarifies when penalty points are to be assessed for convictions of driving in an unsafe manner.

 

CURRENT VERSION OF TEXT

†††† As reported by the Senate Transportation Committee with technical review.

††


An Act concerning assessment of points for certain motor vehicle violations and amending P.L.2000, c.75.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.††† Section 1 of P.L.2000, c.75 (C.39:4-97.2) is amended to read as follows:

†††† 1.††† a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

†††† b.††† A person convicted of a first offense under subsection a. shall be subject to a fine of not less than [$50.00] $50 or more than [$150.00] $150 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

†††† c.†††† A person convicted of a second offense under subsection a. shall be subject to a fine of† not less than [$100.00] $100 or more than [$250.00] $250 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

†††† d.††† A person convicted of a third [or subsequent] offense under subsection a. shall be subject to the following penalties:

†††† (1) a fine of not less than [$200.00] $200 or more than [$500.00] $500; and [shall be assessed]

†††† (2)†† assessment of motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5) if the personís third offense occurs within five years of a second violation of subsection a. of this section for which the person was convicted.

†††† e.†††† [An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.]A person convicted of an offense under subsection a. subsequent to the third offense shall be subject to the following penalties:

†††† (1)†† a fine of $500; and

†††† (2)†† assessment of motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5) if the subsequent offense occurs within five years of a third violation, or, if the person has more than three violations, within five years of the immediately preceding violation of subsection a. of this section for which the person was convicted.

†††† f.†††† In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35).

(cf: P.L.2004, c.69, s.1)

 

†††† 2.††† This act shall take effect immediately.