ASSEMBLY TRANSPORTATION AND COMMUNICATIONS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1768

STATE OF NEW JERSEY

DATED: FEBRUARY 3, 1997

      The Assembly Transportation and Communications Committee reports favorably Assembly Bill No. 1768.

      This bill would modify the "Passenger Seat Belt Usage Act," P.L.1984, c.179 (C.39:3-76.2e et seq.), to require the driver and all passengers, whether seated in the front or rear seats, in an automobile to wear a seat belt. Current law requires only the driver, front seat passengers, and children under age five to be belted.

      In addition, the bill would make enforcement of the seat belt law a "primary" action meaning a law enforcement officer would be able to stop and ticket a motorist if he observes that the motorist is not wearing a seat belt. Current law provides that enforcement of the seat belt law is a secondary action.

      If there are not enough seat belts for each passenger in a vehicle, the bill exempts the passenger without the seat belt from the penalty for failing to wear one.

      The bill changes the definition of "passenger automobile" to include vans, pick-up trucks and utility vehicles so that the driver and passengers of these vehicles would have to wear seat belts.

      The bill also provides that no insurance eligibility or merit rating surcharge points are to be assessed for a violation of the seat belt law.

      The bill directs the Director of Office Highway Traffic Safety to study the effectiveness of the act and to submit a report containing those findings to the Legislature.