ASSEMBLY, No. 1844
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Assemblyman† PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
†††† Makes discretionary driverís license suspension for first offense of driving without motor vehicle liability insurance.
CURRENT VERSION OF TEXT
†††† As amended by the General Assembly on May 24, 2012.
An Act concerning motor vehicle liability insurance coverage and amending P.L.1972, c.197.
†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:
†††† 1.††† Section 2 of P.L.1972, c.197 (C.39:6B-2) is amended to read as follows:
†††† 2.††† 1a.1† Any owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by [this act] P.L.1972, c.197 (C.39:6B-1 et seq.), and any operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by [this act] P.L.1972, c.197 shall be subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court [, and shall forthwith forfeit his].† The court also 1[may] shall1 suspend the personís right to operate a motor vehicle over the highways of this State for a period of 1[not less than two months or more than]1 one year from the date of conviction† 1; provided, however, the period of license suspension may be reduced or eliminated if the person provides the court with satisfactory proof of motor vehicle liability insurance at the time of the hearing1.† Upon subsequent conviction, [he] the person shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall forfeit [his] the personís right to operate a motor vehicle for a period of two years from the date of [his] the conviction, and, after the expiration of said period, [he] the person may make application to the [Director of the Division of Motor Vehicles] Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the [director] chief administrator.† The [director's] chief administratorís discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act.† A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.
†††† Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.
†††† 1b.†† In the event that the court suspends a personís right to operate a motor vehicle pursuant to subsection a. of this section, that person must provide the chief administrator with satisfactory proof of motor vehicle liability insurance coverage prior to the chief administrator reinstating the personís right to operate a motor vehicle.1
(cf: P.L.1997, c.151, s.12)
†††† 2.††† This act shall take effect immediately.