ASSEMBLY, No. 283
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman BATEMAN
An Act concerning operations of a bicycle and supplementing chapter 4 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person 21 years of age or older who operates a bicycle while under the influence of intoxicating liquor or narcotic, hallucinogenic or habit producing drug or who operates a bicycle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant's blood shall be subject:
(1) For the first offense, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of an Intoxicated Driver Resource Center established under section 30 of P.L.1951, c.30 (C.39:4-50).
(2) For a second or subsequent offense, to a fine of not less than $500 nor more than $1,000, a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Center established under section 30 of P.L.1951, c.30 (C.39:4-50), and may be ordered by the court to perform community service for a period of not more than 30 days, which shall be of such form and on such terms as the court may deem appropriate under the circumstances.
b. The penalties provided in subsection a. of this section shall apply to a person 17 to 20 years of age if that person operates a bicycle while under the influence of intoxicating liquor or narcotic, hallucinogenic or habit producing drug or operates a bicycle with a blood alcohol concentration of 0.01% or more by weight of alcohol in the defendant's blood.
The penalties provided under this subsection shall be in addition to those that the court may impose under N.J.S.2C:33-15 or R.S.33:1-81.
c. A person who fails to fulfill the program requirements of an Intoxicated Driver Resource Center as provided in subsections a. and b. of this section shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle until he fulfills these requirements.
d. In any prosecution for a violation of this act, the presumptions, consent and procedures set forth in sections 2 and 3 of P.L.1966, c.142 (C.39:4-50.2 and C.39:4-50.3) shall apply. The penalties provided in subsections a. and b. of this section shall apply to a person who after being arrested for a violation of this act shall refuse to submit to a test provided for in section 2 of P.L.1966,c.142 (C.39:4-50.2) when requested to do so.
2. This act shall take effect immediately.
STATEMENT
This bill establishes explicit penalties for operating a bicycle while under the influence of alcohol or narcotic drugs. Drunk bicycling can be as lethal as drunk driving. However, ambiguity surrounding the application of drunk driving laws to drunk bicyclists has hindered law enforcement efforts.
Title 39 of the Revised Statutes, the motor vehicle code, states that persons who operate bicycles are subject to the same traffic laws as drivers of motor vehicles. Yet, because a specific statutory reference to drunk bicycling is lacking in R.S.39:4-50, the motor vehicle drunk driving statute, courts have interpreted the law differently in regard to bicyclists. For example, the court in State v. Machuzak, 227 N.J.Super. 279 (Law Div., 1988) held that R.S.39:4-50 applies only to motorized vehicles, while in another decision, State v. Tehan, 190 N.J.Super. 348 (Law Div., 1983) the court held that R.S.39:4-50 may be applied to drunken operation of a bicycle, except for its provision suspending the driver's license of an offender.
This bill provides specific penalties for bicycling while under the influence of alcohol or drugs. A first offender aged 21 or older, with a blood alcohol concentration of 0.10% or greater, would be subject to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days in an Intoxicated Driver Resource Center (IDRC). A second or subsequent offender would be subject to a fine of not less than $500 nor more than $1,000 and, at the discretion of the court, a period of community service of up to 30 days, in addition to detainment for 12 to 48 hours at an IDRC.
The same penalties would apply to offenders aged 17 to 20. However, because these persons are under the legal age to consume alcohol, they would be subject to prosecution if their blood alcohol concentration exceeded 0.01%.
An offender who fails to successfully complete the requirements of an IDRC would lose his driver's license or be prohibited from obtaining one until he meets these requirements.
Persons under the age of 17 who operate bicycles while under the influence of alcohol or drugs would continue to be subject to the provisions of section 1 of P.L.1984, c.90 (C.39:4-203.3). This law provides that a juvenile under the age of 17 who commits a violation of Title 39 pertaining to a bicycle may be warned of the violation by a police officer or may be subject to a fine not to exceed $100.
Establishes penalty for drunk bicycling.