ASSEMBLY, No. 2672
STATE OF NEW JERSEY
INTRODUCED JANUARY 29, 1997
By Assemblyman BARNES and Assemblywoman BUONO
An Act concerning certain motor vehicle offenses and amending P.L.1993, c.332.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1993, c. 332 (C.39:4-203.5) is amended to read as follows:
1. a. For the purposes of this act:
"Area of highway construction or repair" means that segment of any highway which is identified by properly posted traffic control devices or signs as undergoing construction, reconstruction, repair, or maintenance operation. An area of highway construction or repair shall consist of that area between the first traffic control device or sign informing motor vehicle operators of their approaching highway construction or repair and the last traffic control device or sign indicating all restrictions are removed and normal motor vehicle operations may resume.
"Highway" means any highway under the jurisdiction of the State Department of Transportation, a county, a municipality or a toll road authority.
"School zone" means a school zone as defined in R.S.39:1-1.
"Toll road authority" means the New Jersey Turnpike Authority, the New Jersey Highway Authority, or the South Jersey Transportation Authority.
b. (1) The fine for a motor vehicle offense embodied in the following sections of statutory law, when committed in an area of highway construction or repair, shall be double the amount specified by law:
Subsection b. of R.S.39:3-20;
P.L.1955, c.217 (C.39:5C-1);
Section 48 of P.L.1951, c.23 (C.39:4-66.1);
Section 41 of P.L.1951, c.23 (C.39:4-82.1);
Section 51 of P.L.1951, c.23 (C.39:4-90.1);
Section 5 of P.L.1951, c.264 (C.27:23-29);
Section 18 of P.L.1952, c.16 (C.27:12B-18); and
Section 21 of P.L.1991, c.252 (C.27:25A-21).
(2) A municipality may, by ordinance, provide that the fine for a motor vehicle offense enumerated in paragraph (1) of this subsection shall be double the amount specified by law when committed in a school zone.
c. (1) Signs designed in compliance with the specifications of the Department of Transportation or, if appropriate, the toll road authority having jurisdiction over the appropriate highway, shall be appropriately placed, by order of the Commissioner of Transportation, the appropriate local official, or the affected toll road authority, as the case may be, to notify drivers approaching areas of highway construction and repair and applicable school zones that the fines are doubled for motor vehicle offenses in those areas or zones.
(2) In addition, all traffic control signs and devices erected or displayed by the State Department of Transportation, a county, a municipality or a toll road authority within an area of highway construction or repair or applicable school zone shall conform to the uniform system specified in the most current "Manual on Uniform Traffic Control Devices for Streets and Highways," prepared by the Federal Highway Administration in the United States Department of Transportation.
d. It shall not be a defense to the imposition of the fines authorized under the provisions of this act that a sign notifying drivers who are approaching highway construction or repair areas or applicable school zones that fines are doubled for motor vehicle offenses in those areas or zones was not posted, improperly posted, wrongfully removed or stolen, or that signs or devices were not placed in compliance with the most current "Manual on Uniform Traffic Control Devices for Streets and Highways" as required pursuant to paragraph (2) of subsection c. of this section, or that the school in question was not in session.
e. The director shall include information concerning the penalties imposed pursuant to this act in any subsequent revision of the New Jersey Driver Manual and the New Jersey Motorist Guide.
(cf: P.L.1993, c.332, s.1)
2. This act shall take effect on the first day of the second month following enactment.
Under current law, the fines for certain motor vehicle moving violations are doubled when the violation occurs in an area of highway construction or repair. This bill would expand the law by allowing municipalities, by ordinance, to also provide for the doubling of fines when these violations occur in a school zone. The purpose of increasing these fines is to heighten motorists' awareness of the need to exercise extra caution when driving in the vicinity of a school. There would be no increase in the number of motor vehicle penalty points assessed for the violation, however.
Allows municipalities to double fines for moving motor vehicle violations in school zones.