1. Section 1 of P.L.1995, c.386 (C.17:33B-14.1) is amended to read as follows:

    1. a. In calculating a surcharge or other differential in rates based on motor vehicle penalty points promulgated by the Director of the Division of Motor Vehicles pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5), including any surcharge or differential based on the schedule of automobile insurance eligibility points promulgated by the Commissioner of Insurance pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14), an insurer shall not consider any points assessed for a violation or other infraction [of any lawful speed limitation where the violator exceeded the speed limitation by less than 15 miles per hour], except that, the insurer may consider any such violations or infractions, in excess of one violation or infraction, of which the insured has been [convicted] assessed points in the three-year period immediately preceding the issuance or renewal of the policy. This section shall only apply to [violations] points that [occur] are assessed on or after the effective date of this act, but shall in no case apply to a violation of subsection a. of R.S.39:4-98 ; R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a); R.S.39:4-96; R.S.39:4-99; N.J.S.2C:11-2; section 2 of P.L.1972, c.197 (C.39:6B-2); R.S.39:3-40; section 15 of P.L.1972, c.70 (C.39:6A-15); R.S.39:3-38; section 1 of P.L.1964, c.172 (C.39:3-38.1); R.S.39:3-20; section 1 of P.L.1942, c.192, (C.39:4-128.1); section 2 of P.L.1979, c.438 (C.39:4-128.4); and R.S.39:4-129.

    b. As used in this section, "insurer" means and includes an insurer writing private passenger automobile insurance in the voluntary market and any insurance plan established to provide private passenger

automobile insurance pursuant to section 1 of P.L.1970, c.215 (C.17:29D-1).

(cf: P.L.1995, c.386, s.1)

    2. This act shall take effect immediately.

STATEMENT

    This bill prohibits insurers from surcharging an insured for one motor vehicle violation (or other infraction) within the three-year period immediately preceding the issuance or renewal of an automobile insurance policy. Insurers may impose surcharges on other violations that occur within the prior three-year period.

    The provisions of the bill would not apply to the following violations:

■          driving while under the influence of drugs or alcohol;

■          refusing to take a chemical test;

■          reckless driving;

■          exceeding the maximum speed by more than 15 miles per hour;

■          vehicular homicide;

■          operating a motor vehicle without liability insurance;

■          operating a motor vehicle while driving privilege is suspended;

■          involvement in a fatal accident;

■          making or using counterfeit plates;

■          making or altering of counterfeit driver's license or registration;

■          operating a constructor vehicle in excess of 30 miles per hour;

■          improper passing of a school bus;

■          improper passing of a frozen dessert truck;

■          leaving the scene of an accident with no personal injury; and

■          leaving the scene of an accident with personal injury.

    The provisions of the bill would only apply to violations that occur on or after the effective date of the bill.

Prohibits automobile insurers from surcharging for certain violations.