SENATE, No. 1535

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 9, 2012

 


 

Sponsored by:

Senator  ROBERT W. SINGER

District 30 (Monmouth and Ocean)

Senator  THOMAS H. KEAN, JR.

District 21 (Morris, Somerset and Union)

 

Co-Sponsored by:

Senator Allen

 

 

 

 

SYNOPSIS

     Concerns penalties for illegally passing school bus.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning penalties for illegally passing a school bus and amending P.L.1942, c. 192.

 

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

 

     1.    Section 1 of P.L.1942, c.192 (C.39:4-128.1) is amended to read as follows:

     1.    On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

     On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

     On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted therefrom or be about to enter said bus.

     For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

     Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

     The driver of a bus which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted therefrom shall have reached a place of safety.

     Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than [$100.00] $200, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than [$250.00] $500, imprisonment for not more than 15 days, or both for each subsequent offense.  The penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes.  There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act.  Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of $100.

     The [Director of the Division of Motor Vehicles] Chief Administrator of the New Jersey Motor Vehicle Commission may also revoke the license to drive a motor vehicle of any person who shall have been guilty of such willful violation of any of the provisions of this act as shall, in the discretion of the [director] chief administrator, justify such revocation, but the [director] chief administrator shall, at all times, have power to validate such a license which has been revoked, or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this act.

(cf: P.L.2000, c.85, s.2)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill increases the fine assessed for illegally passing a school bus from the current fine of $100 for a first offense to $200 for a first offense.  The bill also increases the fine for second or subsequent violations from the current fine of $250 to $500.