ASSEMBLY, No. 2096

STATE OF NEW JERSEY

INTRODUCED JUNE 3, 1996

By Assemblymen ROCCO and GARCIA

An Act concerning certain emergency warning lights, and amending and supplementing P.L.1977, c.223.

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

    1. Section 5 of P.L.1977, c.223 (C.39:3-54.11) is amended to read as follows:

    5. The Director of Motor Vehicles shall prepare suitable identification cards bearing the signature of the director which, upon the request of the mayor or chief executive officer of any municipality recognizing and being served by a volunteer fire company or a volunteer first aid or rescue squad on a form and in a manner prescribed by the director, shall be forwarded to the mayor or chief executive officer, to be countersigned and issued by the mayor or chief executive officer to the members in good standing of the volunteer fire company or first aid or rescue squad. The mayor or chief executive officer shall forward a copy of each issued identification card to the local police department, which shall maintain the copies on file. Identification cards issued pursuant to this section shall be considered permits to display and operate emergency warning lights as provided for in this act and shall apply to any motor vehicle driven by the member of a volunteer fire company or a volunteer first aid or rescue squad. Emergency warning lights shall not be mounted prior to the issuance of the identification cards. Each member of a volunteer fire company or a volunteer first aid or rescue squad must carry the identification card while an emergency warning light or lights are displayed on his vehicle. When the volunteer member is no longer active in the fire company or on the first aid or rescue squad, the member shall disable any emergency warning lights in the member's possession. The member shall also surrender the identification card to the local police department, and, upon its surrender, certify that no further use will be made of the emergency warning lights in the

member's possession.

(cf: P.L.1995, c.37, s.2)

    2. Section 7 of P.L. 1977, c. 223 (C.39:3-54.13) is amended to read as follows:

    7. Any person authorized to display emergency warning lights pursuant to this act who wilfully displays or uses such emergency warning lights in violation of the provisions of this act [shall be liable to a penalty of not more than $50.00] is guilty of a disorderly persons offense and his privilege to display such emergency warning lights may be suspended or revoked by the Director of Motor Vehicles. Any person who is not authorized to display emergency warning lights who wilfully displays or uses such emergency warning lights [shall be liable to a penalty of not more than $100.00] is guilty of a disorderly persons offense.

(cf: P.L.1995, c.37, s.3)

    3. (New section) a. A person shall not sell, give or lend an emergency warning light as defined in section 3 of P.L.1977, c.223 (C.39:3-54.9) unless the person purchasing, receiving or borrowing it is a volunteer member of a fire company or first aid or rescue squad who presents an identification card permitting its use issued pursuant to section 5 of P.L.1977, c.223 (C.39:3-54.11). The person who sells, gives or lends the light shall maintain a copy of the identification card.   b. A person shall not purchase, receive or borrow or attempt to purchase, receive or borrow an emergency warning light as defined in section 3 of P.L.1977, c. 223 (C.39:3-54.9) unless that person is a volunteer member of a fire company or first aid or rescue squad and presents an identification card permitting its use issued pursuant to section 5 of P.L.1977, c.223 (C.39:3-54.11).

    c. A person who violates this section is a disorderly person.

    4. This act shall take effect on the first day of the third month following enactment.

STATEMENT

    Under the law, members of volunteer fire companies or first aid or rescue squads are permitted to display flashing blue lights on their personal vehicles while responding to a fire or emergency. This bill increases the penalties for the unauthorized use of these lights and for their use by persons who are not bona fide volunteers. It also creates a new penalty for the sale of these lights to persons not permitted by law to use them.

    The bill would require the mayor of a municipality that issues identification cards allowing the use of these warning lights to forward copies of the cards to the police department to be kept on file. Also, a volunteer who becomes inactive would be required to disable any emergency light in his or her possession, surrender the identification card to the police, and certify that the light has been disabled and will not be used.

    The bill upgrades the penalty for the unauthorized use of a light to a disorderly persons offense, which entails a fine of up to $1,000, imprisonment for up to six months, or both. The existing penalty is a fine of up to $50 and possible loss of the privilege to use emergency warning lights. The bill also upgrades from a fine of not more than $100 to a disorderly persons offense the penalty for the display of an emergency warning light by a person not permitted to display it.

    The bill also makes it a disorderly persons offense to: (1) sell, give or lend an emergency warning light without proof that the person seeking to obtain the light is authorized by law to display it; and (2) to obtain or seek to obtain an emergency warning light by a person not authorized by law to display it.