Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
Assemblyman EDWARD H. THOMSON
District 30 (Monmouth and Ocean)
Assemblywoman BETTYLOU DECROCE
District 26 (Essex, Morris and Passaic)
SYNOPSIS
Increases fine for second or subsequent child passenger seat restraint violation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning child passenger seat restraints and amending P.L.1983, c.128 and P.L.1984, c.179.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1983, c.128 (C.39:3-76.2d) is amended to read as follows:
4. Any person guilty of violating any of the provisions of [this act] P.L.1983, c.128 (C.39:3-76.2a et seq.) shall be fined not less than $50 and not more than $75 for a first violation and not less than $150 and not more than $175 for a second or subsequent violation.
(cf: P.L.2015, c.50, s.3)
2. Section 6 of P.L.1984, c.179 (C.39:3-76.2j) is amended to read as follows:
6. A person who violates section 2 of [this act] P.L.1984, c.179 (C.39:3-76.2f) shall be fined [$20.00] $20. A person who commits a second or subsequent violation of subsection b. of section 2 of P.L.1984, c.179 (C.39:3-76.2f) shall be fined not more than $100. In no case shall motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) be assessed against any person for a violation of this act. A person who is fined under this section for a violation of this act shall not be subject to a surcharge under the New Jersey Merit Rating Plan as provided in section 6 of P.L.1983, c.65 (C.17:29A-35).
(cf: P.L.1999, c.422, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill increases the fine imposed on a person for a second or subsequent offense of failing to properly secure a child passenger while operating a motor vehicle.
Under current law, the driver of a motor vehicle is required to secure any passenger under the age of eight years or the height of 57 inches using a child seat restraint. A person who violates this requirement is to be fined not less than $50 and not more than $75. Current law also requires the driver of a passenger automobile to secure any passenger between the ages of eight and 18 years using a seat belt. A person who violates this requirement is to be fined $20.
Under this bill, a person who commits a second or subsequent violation of the requirement to properly secure a child passenger under the age of eight years or the height of 57 inches would be fined not less than $150 and not more than $175. A person who commits a second or subsequent offense of failure to properly secure a child passenger between the ages of eight and 18 years would be fined not more than $100 under this bill.
Motor vehicle accidents are the leading cause of death for children between the ages of two and 14 years in the United States. On average, four American children die, and 490 are injured, in a car accident every day. Many of these deaths were preventable, as over half of the children killed were not properly secured by a seat restraint or seat belt during impact. According to the National Highway Traffic Safety Administration, the use of child safety restraints can reduce accident fatality rates by over 70 percent for infants and over 50 percent for toddlers.
By increasing the penalty for second or subsequent violations, this bill is an attempt to encourage the proper securing of child passengers to keep them safe while traveling in a motor vehicle in New Jersey.