A1123

An Act concerning motor vehicle licenses, amending R.S.39:3-40 and P.L.1975, c.180, and supplementing chapter 3 of Title 39 of the Revised Statutes.

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

1. R.S.39:3-40 is amended to read as follows:

39:3-40. No person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition.

No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.

Except as provided in subsections i. and j. of this section, a person violating this section shall be subject to the following penalties:

a. Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

b. Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for at least one but not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

c. Upon conviction for a third offense or subsequent offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days. If the third or a subsequent offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and the third or subsequent offense occurs within five years of a conviction for the same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);

d. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;

e. Upon conviction, the court shall impose a period of imprisonment for not less than 45 days or more than 180 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in bodily injury to another person;

f. (1) In addition to any penalty imposed under the provisions of subsections a. through e. of this section, any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days. Upon proof that the person charged with a violation of this section has completed the period of suspension and can exhibit proof of payment of the restoration fee pursuant to section 23 of P.L.1975, c.180 (C.39:3-10a), the court shall waive the term of imprisonment.

(2) In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30a et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and [shall] may be imprisoned in the county jail for not less than 10 days or more than 90 days. Upon proof that the person charged with a violation of this section has completed the period of suspension and can exhibit proof of payment of the restoration fee pursuant to section 23 of P.L.1975, c.180 (C.39:3-10a), the court shall waive the term of imprisonment.

(3) In addition to any penalty imposed under the provisions of subsections a. through e. of this section and paragraphs (1) and (2) of this subsection, a person shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, which period shall commence upon the completion of any prison sentence imposed upon that person, shall be fined $500 and [shall] may be imprisoned for a period of 60 to 90 days for a first offense, imprisoned for a period of 120 to 150 days for a second offense, and imprisoned for 180 days for a third or subsequent offense, for operating a motor vehicle while in violation of paragraph (2) of this subsection while:

(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.

It shall not be relevant to the imposition of sentence pursuant to subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be relevant to the imposition of sentence that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

If the person charged with a violation of this section has completed the period of suspension and can exhibit proof of payment of the restoration fee pursuant to section 23 of P.L.1975, c.180 (C.39:3-10a), the court shall waive the term of imprisonment;

g. (Deleted by amendment, P.L.2009, c.224);

h. A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person:

(1) Knows that the operator's license or reciprocity privilege to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or

(2) Knows that the operator's license or reciprocity privilege to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person's license was suspended or revoked.

In any case where a person who owns or leases a motor vehicle knows that the operator's license or reciprocity privilege of the person he permits to operate the motor vehicle is suspended or revoked for any violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), the person also shall be subject to the following penalties: for a first or second offense, a fine of $1,000, and may be ordered to serve a term of imprisonment for not more than 15 days, or both; and for a third or subsequent offense, a fine of $1,000, and may be ordered to serve a term of imprisonment for not more than 15 days, or both, and forfeiture of the right to operate a motor vehicle over the highways of this State for a period of 90 days. Upon proof that the person charged with a violation of this section has completed the period of suspension and can exhibit proof of payment of the restoration fee pursuant to section 23 of P.L.1975, c.180 (C.39:3-10a), the court shall waive the term of imprisonment;

i. If the violator's driver's license to operate a motor vehicle has been suspended pursuant to section 9 of P.L.1985, c.14 (C.39:4-139.10) or for failure to comply with a time payment order, the violator shall be subject to a maximum fine of $100 upon proof that the violator has paid all fines and other assessments related to the parking violation that were the subject of the Order of Suspension, or if the violator makes sufficient payments to become current with respect to payment obligations under the time payment order;

j. If a person is convicted for a second or subsequent violation of this section and the second or subsequent offense involves a motor vehicle moving violation, the term of imprisonment for the second or subsequent offense [shall] may be 10 days longer than the term of imprisonment imposed for the previous offense. Upon proof that the person charged with a violation of this section has completed the period of suspension and can exhibit proof of payment of the restoration fee pursuant to section 23 of P.L.1975, c.180 (C.39:3-10a), the court shall waive the term of imprisonment;

For the purposes of this subsection, a "motor vehicle moving violation" means any violation of the motor vehicle laws of this State for which motor vehicle points are assessed by the chief administrator pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

k. When a driver’s license to operate a motor vehicle has been suspended or revoked pursuant to this section, the chief administrator of the New Jersey Motor Vehicle Commission shall provide written notification to the licensee pursuant to the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2009, c.332)

2. Section 23 of P.L.1975, c.180 (C.39:3-10a.) is amended to read as follows:

23. The chief administrator shall charge a fee of $100 for the restoration of any license which has been suspended or revoked by reason of the licensee's violation of any law or regulation and for the restoration of vehicle registrations that have been suspended pursuant to any law. Upon receiving payment of the restoration fee, the chief administrator shall provide the licensee with proof of payment. The chief administrator may promulgate such regulations hereunder as he may deem necessary.

(cf: P.L.2007, c.283, s.2)

3. (New section) When a driver’s license or motor vehicle registration has been suspended or revoked pursuant to the provisions of R.S.39:3-40, the chief administrator of the New Jersey Motor Vehicle Commission shall provide written notification to the licensee of the period of suspension or revocation. This notification shall also advise the licensee that the period of suspension or revocation will remain in effect until the licensee pays the restoration fee pursuant to section 23 of P.L.1975, c. 180 (C.39:3-10a). Upon receipt of payment of the restoration fee the chief administrator shall provide the licensee with proof of payment.

4. This act shall take effect immediately.

STATEMENT

This bill would clarify the procedures involved in restoring a person’s driving privileges once the person’s drivers’ license has been suspended or revoked. In addition, the court would be required to waive the imposition of a term of imprisonment under certain circumstances.

Currently, a person must affirmatively act to restore his license by paying the restoration fee in order for the person to avoid incurring any additional fines, suspension periods or imprisonment. This bill would not alter this responsibility on the part of the driver, but instead would provide adequate notice to the driver of his responsibility to pay the restoration fee once the period of suspension has ended. It is the sponsor’s intent that providing motorists with proper notification of their responsibilities would resolve confusion on the part of some motorists who believe that their driving privileges are automatically restored once the suspension or revocation period has ended.

Under the provisions of the bill, the chief administrator of the Motor Vehicle Commission would be required to provide written notification to the licensee of the period of suspension or revocation. The chief administrator would also provide notification to the licensee that the period of suspension or revocation would remain in effect until the licensee pays the restoration fee pursuant to section 23 of P.L.1975, c.180 (C.39:3-10a). Upon receipt of payment of the restoration fee the chief administrator would then provide the licensee with proof of payment. It may be beneficial for the driver to retain the proof of payment in the event he is stopped by a police officer and there is inconsistency because the system has not been updated.

In addition, this bill would also require the court to waive the imposition of any term of imprisonment for those persons who have completed the period of license suspension and have paid the restoration fees.