ASSEMBLY, No. 729

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen R. SMITH and GREEN

An Act concerning the use of child passenger restraint systems and amending P.L.1983, c.128.

    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 shall be [fined not less than $10.00 and not more than $25.00] subject to the following penalties:

    (1) For a first offense a fine of not less than $250 or more than $400;

    (2) For a second offense a fine of not less than $500 or more than $1000 and suspend or postpone for 30 days the person's license to operate a motor vehicle;

    (3) For a subsequent offense a $1000 fine and suspend or postpone for six months the person's license to operate a motor vehicle.

[The court shall suspend any fine imposed for failure to use a child restraint system if the defendant demonstrates that he possesses a child restraint system that complies with the federal standard applicable when it was manufactured and is using it according to the manufacturer's instructions.]

(cf: P.L.1983, c.128, s.4)

    2. This act shall take effect on the first day of the third month after enactment.

STATEMENT

    This bill upgrades penalties for motor vehicle operators who fail to properly use an approved child passenger restraint system or a safety belt, as required, for children under five years of age.

    The penalty now is a fine of between $10 and $25. The penalty would increase according to the following schedule: (a) for a first offense, a fine of $250 to $400 (b) for a second offense, a fine of $500 to $1000 and a driver's license suspension or postponement for 30 days and (c) for each subsequent offense, a $1000 fine and a driver's license suspension or postponement for six months. Also, the court would no longer be required to waive penalties if a defendant demonstrates his possession of such a system in court. Such a waiver was only appropriate in the early years of child seat enforcement.

    Automobile crashes are the leading cause of death for American children. In New Jersey, automobile crashes represent the second leading cause of death for children under age 14 after fire-related causes. The tragedy is that many of the deaths and injuries could have been avoided if parents had taken the time to buckle their children into a proper child restraint system. In the National Occupant Protection Use Survey conducted by NHTSA in 1994, it was found that only 61 percent of toddlers one through four years of age were properly restrained. A somewhat higher percentage of infants were found to be placed in child safety seats.

    The purpose of the enhanced penalties provided by this bill is to encourage more parents to obtain the proper restraint systems and take the time to use them.

Increases penalties for failure to properly use child restraint systems in motor vehicles.