ASSEMBLY, No. 2338

 

STATE OF NEW JERSEY

 

INTRODUCED SEPTEMBER 19, 1996

 

 

By Assemblywoman MURPHY and Assemblyman DeCROCE

 

 

An Act concerning certain motor vehicle and traffic violations and amending R.S.39:5-3 and P.L.1941, c.192.

 

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

 

    1. R.S.39:5-3 is amended to read as follows:

    39:5-3. a.    When a person has violated a provision of this subtitle, the judge may, within 30 days after the commission of the offense, issue process directed to a constable, police officer or the director for the appearance or arrest of the person so charged. In the case of a violation enumerated in subsection b. of this section, this period shall commence upon the filing of a complaint.

    b. A complaint may be made to a judge for a violation of [section] R.S.39:3-12, R.S.39:3-34, R.S.39:3-37, R.S.39:4-129 or R.S.39:10-24 [of this Title,] at any time within one year after the commission of the offense and for a violation of R.S.39:3-40, or section 1 of P.L.1942, c.192 (C. 39:4-128.1), at any time within 90 days after the commission of the offense.

    c. All proceedings shall be brought before a judge having jurisdiction in the municipality in which it is alleged that the violation occurred, but when a violation occurs on a street through which the boundary line of two or more municipalities runs or crosses, then the proceeding may be brought before the judge having jurisdiction in any one of the municipalities divided by said boundary line, and in the event there shall be no judge or should no judge having such jurisdiction be available for the acceptance of bail and disposition of the case, or should the judges having such jurisdiction be disqualified because of personal interest in the proceedings, or for any other legal cause, said proceeding shall be brought before a judge having jurisdiction in the nearest municipality to the one in which it is alleged such a violation occurred.

(cf: P.L.1983, c.403, s.19)


    2. Section 1 of P.L.1942, c.192 (C.39:4-128.1) is amended to read as follows:

    1. On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

    On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

    On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted therefrom or be about to enter said bus.

    For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

    Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

    The driver of a bus which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted therefrom shall have reached a place of safety.

    Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than $100.00, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than $250.00, imprisonment for not more than 15 days, or both for each subsequent offense. The penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act. Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of $100.

    The Director of the Division of Motor Vehicles may also revoke the license to drive a motor vehicle of any person who shall have been guilty of such willful violation of any of the provisions of this act as shall, in the discretion of the director, justify such revocation, but the director shall, at all times, have power to validate such a license which has been revoked, or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this act.

(cf: P.L.1992, c.72, s.1)

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill extends the time to file a complaint against a motorist for a violation of P.L.1942, c.192 (C:39:4-128.1), the illegal passing of a school bus, from 30 days to 90 days. The time required to identify and charge the motorist that committed this offense at times exceeds the present 30 day limit. By lengthening this period to 90 days, this bill insures that guilty drivers will not escape punishment for this serious offense.

    Currently, complaints can be filed either within 90 days or one year of the commission of certain motor vehicle and traffic violations. However, these violations may not be prosecuted because current law, as literally interpreted, requires the judge to issue a summons for the appearance or arrest of a person within 30 days of the commission of the offense. This bill allows a judge to issue a summons for persons charged with illegally passing a school bus and the other specified violations within 30 days after the filing of a complaint.

    Section 1 of P.L.1942, c.192 (C.39:4-128.1) also provides that there is a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act. Under this bill, any person who, by way of concealment or destruction, suppresses or destroys evidence of a violation or who suppresses the identity of the violator would be subject to a fine of $100.

 

 

 

Extends period for a judge to issue a summons for illegally passing a school bus and certain other motor vehicle and traffic violations.