ASSEMBLY, No. 337

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen PASCRELL and IMPREVEDUTO

An Act concerning the use of automobile safety belts and amending P.L.1984, c.179.

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

    1. Section 3 of P.L.1984, c.179 (C.39:3-76.2g) is amended to read as follows:

    3. This act shall not apply to a driver or front seat passenger of:

    a. A passenger automobile manufactured before July 1, 1966;

    b. A passenger automobile in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons, except that a person whose vehicle displays a sticker or placard issued pursuant to subsection e. of this section need not have the written verification in his possession;

    c. A passenger automobile which is not required to be equipped with safety seat belt system under federal law; or,

    d. A passenger automobile operated by a rural letter carrier of the United States Postal Service while performing the duties of a rural letter carrier.

    e. A person who is unable to wear a safety seat belt system pursuant to subsection b. of this section may apply to the director for a sticker or placard to be affixed or placed on or in a passenger automobile in which that person is the driver or passenger. The director shall issue such a sticker or placard upon written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons. The sticker or placard shall state that the person is exempt from the provisions of the seat belt law and shall be affixed or placed in a location designated by the director.

(cf: P.L.1984, c.179, s.3)

    2. This act shall take effect on the first day of the fourth month following enactment.

STATEMENT

    Drivers and front seat passengers in passenger motor vehicles are required by New Jersey law to wear an approved safety seat belt system. The law makes an exception, however, for persons who are certified by a physician as physically or medically unable to wear automobile seat belts. These persons are required to possess the physician's certification at all times while driving or riding in the front seat of a passenger vehicle.

    Notwithstanding this provision, persons not able for physical or medical reasons to wear seat belts have been cited for not using these belts. This happens either because they do not possess the required physician's certification or a police officer fails to recognize its validity.

    This bill is intended to relieve these problems. It establishes a system of identification for persons unable to wear seat belts similar to that used to designate the vehicles of handicapped drivers. Upon receipt of a certification from the person's physician, the Division of Motor Vehicles would issue a sticker or placard to be affixed on or placed in the person's vehicle. The sticker or placard would state that the person is exempt from the law requiring that seat belts be worn.

Authorizes vehicle sticker for persons exempt from seat belt law.