ASSEMBLY, No. 52

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman KAVANAUGH

 

 

An Act concerning restricted use licenses, amending R.S.39:3-40 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. (New section) a. A person who forfeits the right to operate a motor vehicle over the highways of this State pursuant to a conviction for a first offense of R.S.39:4-50 and whose New Jersey driver's license has been collected by the court and forwarded to the Director of the Division of Motor Vehicles may thereafter apply to that court for a restricted use driver's license.

    b. A person convicted of a first offense of R.S.39:4-50 shall be ineligible to apply for a restricted use driver's license if:

    (1) the person previously has been convicted of a violation of R.S.39:4-50 or a similar offense under the laws of another state or the federal government; or

    (2) death resulted during the commission of the offense for which the person has been convicted.

    c. A person who applies for a restricted use driver's license shall include with the application an affidavit certifying:

    (1) the hours during which and the locations between which it is necessary for him personally to operate a motor vehicle;

    (2) that he has no other reasonable means of traveling to and from the place of employment or education at an accredited school, college or university or at a State-approved institution of vocational or technical training, or of pursuing his employment or education, or both, other than by the personal operation of a motor vehicle;

    (3) that he or his family, or both, will suffer substantial financial or other hardship if he is unable personally to operate a motor vehicle; and

    (4) that he has paid the fine imposed and served any period of detailment or term of imprisonment imposed by the court for conviction of a first offense of R.S.39:4-50.

 

    2. (New section) a. An application to the court for a restricted use driver's license shall be accompanied by certification from the administrator of the Intoxicated Driver Resource Center established pursuant to subsection f. of R.S.39:4-50 to which the applicant has been referred upon conviction of a first offense of R.S.39:4-50, that the applicant is a good risk for a restricted use driver's license.

    b. The certification shall be in a form approved by the Division of Alcoholism in the Department of Health.

    c. The administrator of the Intoxicated Driver Resource Center may require the applicant to complete all or any portion of the screening, evaluation, referral and program requirements imposed upon the applicant by the Intoxicated Driver Resource Center for conviction of a first offense of R.S.39:4-50, before certifying that the applicant is a good risk for a restricted use driver's license.

 

    3. (New section) a. Upon submission of the personal affidavit required by section 1 of this act and the certification of good risk as required by section 2 of this act, the court may recommend to the Director of the Division of Motor Vehicles that the director issue a restricted use driver's license to the applicant. When determining whether or not to recommend that a restricted use driver's license be issued, the court shall consider, among others, the following criteria:

    (1) the severity of financial hardship imposed upon the defendant by a complete denial of driving privileges;

    (2) the circumstances surrounding the commission of the offense; and

    (3) the probability that the defendant will repeat the offense.

    b. If the court does not recommend to the director that a restricted use driver's license be issued, the application shall be deemed denied.

    c. Notice of the court's decision regarding the application for a restricted use driver's license shall be forwarded to the applicant within 30 days after application is made.

 

    4. (New section) a. The Director of the Division of Motor Vehicles may issue a restricted use driver's license to a person who has applied therefor pursuant to section 1 of this act if the court has recommended the issuance pursuant to section 3 of this act. In making a determination, the director shall consider the criteria provided for in subsection a. of section 3 of this act. The director shall not be bound by the court's recommendation. The director shall notify the applicant of the approval or denial of the application within seven days of receiving the court's recommendation. If the application is approved, the notice shall provide instructions concerning the issuance of the restricted use driver's license. The restricted use driver's license shall be in a form prescribed by the director and shall be issued as promptly as is practicable in accordance with procedures established by the director.

    b. A restricted use driver's license issued under this section shall authorize the licensee to operate a motor vehicle during certain hours and between certain points solely for the purpose of either traveling to and from his place of employment or education or pursuing his employment or education, or both. The limitations on the authorized use of the license shall be determined by the director, and those limitations as well as the penalties provided for in subsection d. of this section shall be indicated on the license. The director may impose a fee of no more than $15.00 for the issuance of a restricted use driver's license.

    c. A restricted use driver's license shall expire at the time of the expiration of the suspension or revocation period of the licensee's basic driver's license or on the last day of the twelfth month following the calendar month in which the restricted use driver's license was issued, whichever is earlier. If a restricted use licensee's basic driver's license has been suspended or revoked for a period in excess of one year, the licensee may re-apply to the director in accordance with procedures established by the director, during the twelfth calendar month following the calendar mouth in which the restricted use license was issued.

    d. Restricted use driver licensees shall be subject to the following penalties:

    (1) A restricted use licensee who operates a motor vehicle between points or during hours other than those indicated on the restricted use driver's license shall be fined not less than $500.00 or more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, or more than 90 days. If, while operating a motor vehicle during unauthorized hours or between unauthorized points, a licensee is involved in an accident resulting in personal injury or death to another person, the sentence of imprisonment shall be for not less than 45 days. In addition, the director immediately shall revoke the person's restricted use driver's license and shall extend the period of suspension or revocation of the licensee's basic driver's license for an additional period of two years. After the additional period of suspension or revocation expires, the licensee may apply to the director for a license to operate a motor vehicle, which application may be granted at the discretion of the director.

    (2) If a restricted use licensee commits a moving violation under subtitle 1 of Title 39 of the Revised Statutes while traveling between points and during hours indicated on his restricted use driver's license, the director shall immediately revoke the person's restricted use driver's license.

    (3) If a restricted use licensee violates the provisions of R.S.39:4-50, notwithstanding the penalty provisions provided for therein and without regard to whether the violation occurred during authorized hours or between authorized points, the licensee shall be fined not less than $1,000.00 or more than $1,500.00, and shall be imprisoned for a term of 180 days, and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years.

 

    5. 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, except as provided for by P.L. , c. (C. ) (now pending before the Legislature as this bill).

     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.

    A person violating this section shall be subject to the following penalties:

    a. Upon conviction for a first offense, a fine of $500.00;

    b. Upon conviction for a second offense, a fine of $750.00 and imprisonment in the county jail for not more than five days;

    c. Upon conviction for a third offense, a fine of $1,000.00 and imprisonment in the county jail for 10 days;

    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, if while operating a vehicle in violation of this section a person is involved in an accident resulting in personal injury.

    Notwithstanding paragraphs a. through e., any person violating this section while under a suspension issued pursuant to R.S.39:4-50, 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.

 

    6. This act shall take effect on the 90th day after enactment.


STATEMENT

 

    This bill permits a person whose driver's license has been forfeited upon conviction of a first offense of operating a motor vehicle while under the influence of an intoxicant or drugs in violation of R.S.39:4-50 to apply for a restricted use driver's license in order to travel to and from his place of employment or education, or both.

    The applicant must provide an affidavit and certification to the court which initially revoked or suspended the driver's license. The application must set forth the hardship involved, the restricted use to be made and the satisfaction of any fines or terms of detainment or imprisonment. The certification must be obtained from the administrator of the Intoxicated Driver Resource Center to which the applicant was referred for a violation of R.S.39:4-50 and must state that the applicant is a good risk for receipt of the restricted license. If the court makes a recommendation in favor of granting the license, the application is referred to the Director of the Division of Motor Vehicles, who makes the final determination. Application is unavailable to any person convicted of a previous offense under R.S.39:4-50, or to a first offender of R.S.39:4-50 if a death resulted

during the commission of the offense.

    A person who obtains a restricted use driver's license is subject to certain penalties if he violates the restrictions imposed on him or violates motor vehicle laws while the restricted use license is in effect. If the licensee operates a motor vehicle between points or during hours other than those indicated on the license, he will receive penalties based on those imposed upon a person convicted of a second offense of drunken driving (R.S.39:4-50). If, during unauthorized operation of a motor vehicle, he is involved in an accident resulting in death or personal injury, he will receive the same penalties, except that he will be sentenced to imprisonment for not less than 45 days. If a licensee commits a moving violation while operating a motor vehicle as authorized on the restricted use license, the restricted use license immediately will be revoked. If a licensee commits another violation of R.S.39:4-50 while the restricted use license is in effect, he will be fined not less than $1,000.00 or more than $1,500.00, will be imprisoned for 180 days, and will forfeit his right to operate a motor vehicle for 10 years. These penalties are based upon the penalties imposed for a third or subsequent offense of drunken driving (R.S.39:4-50), except that the maximum fine is higher and the sentence of imprisonment cannot be reduced by the performance of community service


 

Permits a first offender of the drunken driving law to apply for a restricted use driver's license.