ASSEMBLY, No. 1568

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Assemblyman CARROLL, Assemblywomen MYERS, Crecco and Assemblyman Gregg

An Act concerning penalty points and fines for the offense of failure of motorist to observe certain lane restrictions and supplementing chapter 5 of Title 39 of the Revised Statutes.

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

    1. a. Penalty points, authorized pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5), shall not be assessed against a person who fails to observe high occupancy vehicle lane restrictions pursuant to regulations of the Department of Transportation.

    b. A person who fails to observe high occupancy vehicle lane restrictions shall be subject to a fine not to exceed $50.

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

STATEMENT

    Regulations of the Department of Transportation promulgated in 1993 and 1995 established as a traffic offense the failure of a driver to comply with high occupancy vehicle (HOV) lane restrictions on portions of interstate highways 287 and 80. The Division of Motor Vehicles determined that the offense constituted a violation of R.S.39:4-81 and added it to the point system as a two-point penalty. An offender could also be fined $76 for such a violation if it was uncontested, according to the Statewide Violations Bureau Schedule. If brought to trial, up to another $30 could be assessed in court costs.     This bill would prohibit the assessment of such points for this offense and limit fines to a maximum of $50. However, defendants who plead guilty and pay by mail, would be subject to a fine of half the maximum amount plus $21 court costs for a total $46. Violators who go to court and are found guilty could be fined the maximum of $50, in addition to maximum court costs of $30.

    The sponsor believes that two points is an excessive penalty for an HOV violation, which should not be equated with such other two-point violations as leaving the scene of an accident that results in property damage or failure to obey the directions of a police officer. These offenses are usually viewed as more serious than an HOV violation by law enforcement officials.

Prohibits motor vehicle penalty points for certain high occupancy vehicle violations.