SENATE, No. 882
STATE OF NEW JERSEY
INTRODUCED MARCH 7, 1996
By Senator ZANE
An Act concerning restricted use licenses, amending R.S.39:3-40 and supplementing chapter 4 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds that strict traffic laws enacted in recent years, in combination with increased enforcement efforts, have significantly reduced the number of fatal accidents on the streets and highways of this State. According to statistics compiled by the Division of Highway Traffic Safety in the Department of Law and Public Safety, highway fatalities decreased from 1,051 in 1988 to 871 in 1989.
The mandatory suspension of offenders' driving privileges has contributed in no small part to this decline. These tough penalties have kept habitual traffic law offenders, those who drive without proper insurance coverage, and problem drinkers off the roads. Moreover, these laws convey a clear message: the operation of a motor vehicle on the public highways of New Jersey is a privilege that must be earned by responsible behavior and adherence to the law.
Notwithstanding these positive benefits, the Legislature recognizes that the suspension of driving privileges can have adverse, if unintended, effects on persons whose licenses are suspended and on their families. The suspension of driving privileges may result in a loss of livelihood to those without an alternate means of transportation to work. Residents of rural areas where few public transportation services are available are particularly vulnerable in this regard. Also, under the current laws, persons whose occupations require them to operate a vehicle face a similar loss of livelihood.
As an effective law must have swift and certain sanctions, a just law should strive to temper its penalties with compassion. It is fitting and proper, therefore, that provision be made to mitigate the potentially devastating effects of a suspension of driving privileges on certain first-time offenders, those who are most unlikely to repeat their offenses. The restricted use driver's license authorized under this act, will allow these persons the use of their vehicles solely to pursue their livelihoods. The restricted use driver's license authorized under this act will not be available to persons who have a driving while under the influence violation pursuant to R.S.39:4-50 on their record. Concurrently, the strong penalties provided herein for the abuse of this privilege will serve to reaffirm this State's resolve to assure the safe use of its streets and highways.
2. (New section) As used in this act:
"Restricted use license" means a license to operate a motor vehicle exclusively for employment-related purposes in compliance with the terms of this act. The license shall be of a color that makes it readily distinguishable from other driver's licenses issued by the State.
"Restricted use placard" means a rectangular sign of at least 12 inches by 8 inches, in the same color as a restricted use license, bearing the words "restricted use vehicle" in bold letters at least one inch high.
3. (New section) a. A person who forfeits the right to operate a motor vehicle over the highways of this State pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2) or section 4 of P.L.1982, c.43 (C.39:5-30.8) may apply to the Director of the Division of Motor Vehicles for a restricted use license.
b. A person whose driver's license has been forfeited pursuant to these laws shall be ineligible to apply for a restricted use driver's license if:
(1) the person previously has been convicted of a violation of section 2 of P.L.1972, c.197 (C.39:6B-2) or forfeited his license pursuant to section 4 of P.L.1982, c.43 (C.39:5-30.8);
(2) the person previously has been convicted of or forfeited his license for a similar offense under the laws of another state or the federal government;
(3) death or serious bodily injury resulted during the commission of the offense for which the person's license has been forfeited; or
(4) the offense for which the person forfeited his license involved driving at a speed more than 15 miles in excess of the legal limit governed by R.S.39:4-98, a violation of R.S.39:4-96, or a violation of section 1 of P.L.1942, c.192 (C.39:4-128.1). In the case of a forfeiture pursuant to section 4 of P.L.1982, c.43 (C.39:5-30.8), this subsection shall apply to any offense for which the motor vehicle points were issued; or
(5) the person has been convicted of a violation of R.S.39:4-50.
c. A person who applies for a restricted use license shall certify in the application:
(1) his place of employment and the hours during which he is employed;
(2) the hours during which and the locations between which it is necessary for him personally to operate a motor vehicle;
(3) that no means of public transportation to his place of employment exists within one mile of his home;
(4) whether and, if so, in what manner he is required to operate a motor vehicle as a condition of employment;
(5) that he has no other reasonable means of traveling to and from the place of employment or of pursuing his employment other than by the personal operation of a motor vehicle; and (6) that he or his family, or both, will suffer substantial financial or other hardship if he is unable to personally operate a motor vehicle.
d. A restricted use license will be granted only on the condition that the applicant:
(1) pays any fine and serves any period of detainment or term of imprisonment imposed by the court in connection with the offense for which his driver's license is suspended; and
(2) provides proof that he possesses fully paid motor vehicle liability insurance in the amount required by law and for the duration of the requested restricted use license.
4. (New section) a. Before suspending the driver's license of any person for a violation of section 2 of P.L.1972, c.197 (C.39:6B-2), the court shall determine whether that person is eligible to apply for a restricted use license under the terms of this act. If the person is determined to be eligible to apply for a restricted use license, the court shall explain to him the conditions under which a such a license may be attained pursuant to this act. A person who requires a restricted use license for employment related purposes may so inform the court, which shall then issue the person an application for the license. The applicant shall complete the application and return it to the court.
Upon receiving the completed application, the court shall immediately issue to the applicant a temporary restricted use license and a temporary restricted use placard. Both shall be valid for 30 days unless rescinded by the director or replaced by an approved restricted use license and placard.
The court shall forward the application for a restricted use license to the division.
b. Before mailing a proposed notice to suspend the driver's license of a person pursuant to section 4 of P.L.1982, c.43 (C.39:5-30.8), the director shall determine whether that person is eligible to apply for a restricted use license under the terms of this act. If the person is determined to be eligible to apply for a restricted use license, the director shall mail with the notice to suspend a notification that the person is eligible to apply for a restricted use license and an explanation of the conditions under which such a license may be obtained pursuant to this act. A person so notified who requires a restricted use license for employment related purposes may apply for such a license within 15 days of the mailing of the notice to suspend by returning a completed application to the director by mail or to a facility designated by the director.
Upon receiving the completed application, the director shall issue to the applicant a temporary restricted use license and a temporary restricted use placard. Both shall be valid for 30 days unless rescinded by the director or replaced by an approved restricted use license and placard.
5. (New section) a. The Director of the Division of Motor Vehicles may issue an approved restricted use license to a person who has applied for one pursuant to section 4 of this act. In making a determination, the director shall consider the information provided in the application, any prior offenses by the applicant, and the criteria provided for in subsection b. of this section. The director shall notify the applicant of the approval or denial of the application within seven working days of its receipt. If the application is approved, the notice shall provide instructions concerning the issuance of the restricted use license. If the application is denied, the director shall immediately rescind the applicant's temporary restricted use license. The director also shall notify the court which issued the applicant's temporary restricted use license of this decision. The restricted use license shall be in a form prescribed by the director and shall be issued as promptly as is practicable in accordance with procedures established by the director.
b. When determining whether to issue a restricted use license, the director shall consider, but not be limited to, the following criteria:
(1) the severity of financial hardship imposed upon the defendant by a complete denial of driving privileges;
(2) the circumstances surrounding the commission of the offense; and
(3) the probability that the defendant will repeat the offense.
c. A restricted use license issued under this act shall authorize the licensee to operate a motor vehicle during certain hours and between certain points solely for the purpose of either traveling to and from his place of employment or pursuing his employment. The limitations on the authorized use of the license shall be determined by the director, and those limitations as well as the penalties provided for in section 6 of this act shall be indicated on the license. The license shall be in form prescribed by the director. The license shall be bright pink in color or, if not feasible, another color selected by the director which readily distinguishes it from other driver's licenses issued by this State. The director may impose a fee of no more than $50 for the issuance of a restricted use license.
d. The director shall issue a restricted use placard to each approved restricted use licensee. The placard shall be prominently displayed in the rear window, or other location determined by the director, of any vehicle being driven by a restricted use licensee. The placard shall be the same color as the restricted use license. No fee shall be charged for the issuance of the placard. The limitations on the authorized use of the placard shall be determined by the director, and those limitations as well as the penalties provided for in section 6 of this act shall be indicated on the placard.
e. A restricted use license shall expire at the time of the expiration of the suspension or revocation period of the licensee's driver's license or on the last day of the twelfth month following the calendar month in which the restricted use license was issued, whichever is earlier.
f. A restricted use license shall be issued only to persons whose driver's licenses are suspended or revoked after the effective date of this act.
6. The following penalties shall apply with regard to the issuance and use of restricted use licenses:
(1) An applicant who deliberately falsifies an application for a restricted use license shall have the suspension or revocation of his driver's license extended for a period of one year.
(2) A restricted use licensee who operates a motor vehicle between points or during hours other than those indicated on the restricted use license shall be fined not less than $500 or more than $1,000, and shall be ordered by the court to perform community service for a period of 30 days, and shall be sentenced to imprisonment for a term of not less than five days or more than 90 days. The director shall immediately rescind the licensee's restricted use license and shall extend the suspension or revocation of his driver's license for a period of two years.
(3) If, while operating a motor vehicle during unauthorized hours or between unauthorized points, a licensee is convicted of causing an accident resulting in personal injury or death to another person, he shall be fined not less than $1,000 or more that $5,000, shall be ordered by the court to perform community service for a period of 30 days, and shall be sentenced to imprisonment for a term of not less than 10 days or more than 120 days. The director shall immediately rescind the licensee's restricted use license and shall extend the suspension or revocation of his basic driver's license for a period of five years.
(4) If a restricted use licensee commits a moving violation under Title 39 of the Revised Statutes while traveling between points and during hours indicated on his restricted use license, the director shall immediately rescind the person's restricted use license and reinstate the full term of the original suspension or revocation of his driver's license.
(5) If a restricted use licensee violates the provisions of R.S.39:4-50, the licensee shall be fined not less than $1,000 or more than $5,000 and shall be imprisoned for a term of 180 days. The director shall immediately rescind the person's restricted use license and extend the suspension or revocation of his driver's license for a period of 10 years.
(6) Penalties in this section shall be applied in addition to any other penalties required by law for a violation of the motor vehicle laws.
7. R.S.39:3-40 is amended to read as follows:
39:3-40. No person to whom a driver's license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked, or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal, suspension, revocation, or prohibition , except as provided for by P.L. , c. (C. )(now pending before the Legislature as this bill).
No person whose motor vehicle registration has been revoked shall operate or permit the operation of such motor vehicle during the period of such revocation.
A person violating this section shall be subject to the following penalties:
a. Upon conviction for a first offense, a fine of $500.00 and, if that offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a), revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
b. Upon conviction for a second offense, a fine of $750.00, imprisonment in the county jail for not more than five days and, if the second offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and that second offense occurs within five years of a conviction for that same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
c. Upon conviction for a third offense or subsequent offense, a fine of $1,000.00, imprisonment in the county jail for 10 days and, if the third offense involves the operation of a motor vehicle during a period when the violator's driver's license is suspended and that third offense occurs within five years of a conviction for the same offense, revocation of the violator's motor vehicle registration privilege in accordance with the provisions of sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5);
d. Upon conviction, the court shall impose or extend a period of suspension not to exceed six months;
e. Upon conviction, the court shall impose a period of imprisonment for not less than 45 days, if while operating a vehicle in violation of this section a person is involved in an accident resulting in personal injury to another person;
f. (1) Notwithstanding subsections a. through e., any person violating this section while under suspension issued pursuant to section 2 of P.L.1972, c.197 (C.39:6B-2), upon conviction, shall be fined $500.00, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year nor more than two years, and may be imprisoned in the county jail for not more than 90 days.
(2) Notwithstanding the provisions of subsections a. through e. of this section and paragraph (1) of this subsection, any person violating this section under suspension issued pursuant to R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a) or P.L.1982, c.85 (C.39:5-30 et seq.), shall be fined $500, shall have his license to operate a motor vehicle suspended for an additional period of not less than one year or more than two years, and shall be imprisoned in the county jail for not less than 10 days or more than 90 days.
g. In addition to the other applicable penalties provided under this section, a person violating this section whose license has been suspended pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder, shall be fined $3,000. The court shall waive the fine upon proof that the person has paid the total surcharge imposed pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35) or the regulations adopted thereunder. Notwithstanding the provisions of R.S.39:5-41, the fine imposed pursuant to this subsection shall be collected by the Division of Motor Vehicles pursuant to section 6 of P.L.1983, c.65 (C.17:29A-35), and distributed as provided in that section, and the court shall file a copy of the judgment of conviction with the director and with the Clerk of the Superior Court who shall enter the following information upon the record of docketed judgments: the name of the person as judgment debtor; the Division of Motor Vehicles as judgment creditor; the amount of the fine; and the date of the order. These entries shall have the same force and effect as any civil judgment docketed in the Superior Court;
h. A person who owns or leases a motor vehicle and permits another to operate the motor vehicle commits a violation and is subject to suspension of his license to operate a motor vehicle and to revocation of registration pursuant to sections 2 through 6 of P.L.1995, c.286 (C.39:3-40.1 through C.39:3-40.5) if the person:
(1) Knows that the operator's license to operate a motor vehicle has been suspended for a violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); or
(2) Knows that the operator's license to operate a motor vehicle is suspended and that the operator has been convicted, within the past five years, of operating a vehicle while the person's license was suspended or revoked.
(cf: P.L.1995, c.286, s.1)
8. This act shall take effect on the 90th day after enactment.
STATEMENT
This bill would allow a first offender whose license has been suspended for violation of certain motor vehicle laws to apply for a restricted use license. The license would be used exclusively for traveling to work, when other transportation is not available, and for driving on the job where that is a condition of employment. The bill is intended to mitigate the adverse effects of a suspension of driving privileges on certain persons who must drive motor vehicles to maintain their employment.
Persons convicted of a first offense for driving without required motor vehicle liability insurance would be eligible to apply for a restricted use license. Persons whose licenses were suspended for the first time for an accumulation of motor vehicle points also would be eligible to apply. However, persons whose licenses were previously suspended under these laws would be ineligible as would those whose offense involved death or seriously bodily injury, exceeding the speed limit by more than 15 miles an hour, reckless driving or illegally passing a school bus. Persons with drunk driving convictions would not be eligible for this restricted use license.
An applicant for a restricted use license would be required to certify to the satisfaction of the Director of the Division of Motor Vehicles that no other reasonable means of traveling from his job exists and that he will suffer substantial financial hardship if the license is not granted. A restricted use license would be granted only if all fines are paid and sentences completed in connection with the license suspension and proof of fully paid liability insurance is provided.
The restricted use license would be of a distinctive color which would distinguish it from other driver's licenses issued by this State. The license would contain the specific hours and place for which its use is permitted. In addition, the licensee would be required to display a prominent placard of similar color in the rear window of any vehicle he is operating.
A restricted use licensee would face penalties for violating the restrictions imposed or for violating motor vehicle laws while using a restricted use license. These penalties are in addition to those already required by law.
Permits certain first-time motor vehicle offenders to apply for restricted use license.