ASSEMBLY, No. 4461

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED NOVEMBER 18, 2013

 


 

Sponsored by:

Assemblyman† JOHN S. WISNIEWSKI

District 19 (Middlesex)

Assemblywoman† MARLENE CARIDE

District 36 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

†††† Prohibits operator of motor vehicle from engaging in distracted driving.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning distracted driving, amending P.L.2003, c.310, and supplementing Title 39 of the Revised Statutes.

 

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

 

†††† 1.† Section 1 of P.L.2003, c.310 (C.39:4-97.3) is amended to read as follows:

†††† 1. a. (1) The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle.† For the purposes of this section, an "electronic communication device" shall not include an amateur radio.

†††† Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen's band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.

†††† (2) There shall be a permissive inference that the operator of a moving motor vehicle who holds a hand-held wireless telephone to, or in the immediate proximity of, the operatorís ear is using a wireless telephone or electronic communication device in violation of paragraph (1) of this subsection.

†††† b.††† The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:

†††† (1)†† The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or

†††† (2)†† The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs.† A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.

†††† As used in this act:

†††† "Citizen's band radio" means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen's band radio service use.

†††† "Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

†††† "Two-way radio" means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.

†††† "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.

†††† c.††† (Deleted by amendment, P.L.2007, c.198).

†††† d.††† A person who violates this section shall be fined as follows:

†††† (1)†† for a first offense, not less than $200 or more than $400;

†††† (2)†† for a second offense, not less than $400 or more than $600; and

†††† (3)†† for a third or subsequent offense, not less than $600 or more than $800 .

†††† For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days.† In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

†††† A person who has been convicted of a previous violation of this section need not be charged as a second† or subsequent offender in the complaint made against [him] the person in order to render [him] the person liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

†††† e. Except as provided in subsection d. of this section, no motor vehicle penalty points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

†††† f.†††† The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.† Notwithstanding the provisions of R.S.39:5-41, the fines assessed pursuant to subsection d. of this section shall be collected by the court and distributed as follows: 50 percent of the fine imposed shall bepaid to the county and municipality wherein the violation occurred, to be divided equally, and 50 percent of the fine imposed shall be paid to the State Treasurer, who shall allocate the fine monies to the chief administrator to be used for this public education program, which shall include informing motorists of the dangers of texting while driving.

†††† g.††† Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.

(cf: P.L.2013, c.70, s.1)

 

†††† 2.† (New section) a. †An operator of a moving motor vehicle shall not engage in any activity unrelated to the actual operation of a motor vehicle in a manner that interferes with the safe operation of the vehicle on a public road or highway.†

†††† b.† A person who violates this section shall be fined:

†††† (1)†† for a first offense, not less than $200 or more than $400;

†††† (2)†† for a second offense, not less than $400 or more than $600; and

†††† (3)†† for a third or subsequent offense, not less than $600 or more than $800.

†††† For a third or subsequent violation, the court, in its discretion, may order the person to forfeit the right to operate a motor vehicle over the highways of this State for a period of 90 days.† In addition, a person convicted of a third or subsequent violation shall be assessed three motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

†††† A person who has been convicted of a previous violation of this section need not be charged as a second† or subsequent offender in the complaint made against the person in order to render the person liable to the punishment imposed by this section on a second or subsequent offender, but if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes and if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

†††† c. Except as provided in subsection b. of this section, no motor vehicle penalty points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

†††† d. A law enforcement officer who issues a summons for a violation of this section shall record on the summons the specific nature of any distracted driving behavior observed.

 

†††† 3.† This act shall take effect on the first day of the third month after enactment.

 

 

STATEMENT

 

†††† This bill addresses the increasing problem of distracted driving. The bill specifically prohibits a driver from engaging in any activity, not related to the operation of the vehicle, in a manner that interferes with the safe operation of the vehicle. A law enforcement officer is to record on the summons the specific nature of the distracted driving behavior.† A violation of this prohibition will result in a $200-$400 fine for the first offense, $400-$600 for a second offense, and $600-$800 for a third or subsequent offense.† A third or subsequent violation may also result in a driverís license suspension of up to 90 days and a motor vehicle points penalty at the courtís discretion.† Points are only to be issued for third or subsequent offenses.

†††† This bill also strengthens the existing law prohibiting the use of a cellphone while operating a motor vehicle by establishing a presumptive inference that a person holding a cell phone near the ear has committed a violation of that law.