SENATE, No. 1149

STATE OF NEW JERSEY

INTRODUCED MAY 16, 1996

By Senator KOSCO

An Act concerning the use of safety belt systems in passenger automobiles when so equipped, amending P.L.1984, c.179 and repealing Section 5 of P.L.1984, c.179.

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

    1. Section 2 of P.L.1984, c.179 (C.39:3-76.2f) is amended to read as follows:

    2. a. Except as provided in P.L.1983, c.128 (C.39:3-76.2a et al.) for children under five years of age and except as provided in subsection b. of this section for passengers who are at least five years of age but less than 18 years of age, each driver and [front seat] passenger of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.

    b. The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system, as defined by Federal Motor Vehicle Safety Standard Number 209, any passenger [in the front seat] who is at least five years of age but less than 18 years of age.

    For the purposes of the "Passenger Automobile Seat Belt Usage Act," the term "passenger automobile" shall include vans, pick-up trucks and utility vehicles.

(cf: P.L.1984, c.179, s.2)

    2. Section 3 of P.L.1984, c.179 (C.39:3-76.2g) is amended to read as follows:

    3. This act shall not apply to a driver or [front seat] passenger of:

    a. A passenger automobile manufactured before July 1, 1966;

    b. A passenger automobile in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons;

    c. A passenger automobile which is not required to be equipped with safety seat belt system under federal law; [or]

    d. A passenger automobile operated by a rural letter carrier of the United States Postal Service while performing the duties of a rural letter carrier; or

    e. A passenger automobile which was originally constructed with fewer safety seat belt systems than are necessary to allow the passenger to be buckled.

(cf: P.L.1984, c.179, s.3)

    3. Section 5 of P.L.1984, c.179 (C.39:3-76.2i) is repealed.

    4. (New section) The Director of the Office of Highway Traffic Safety shall study the effectiveness of this amendatory act and shall submit to the Legislature a report containing his findings on the first day of the 25th month following the effective date of this amendatory act.

    5. This act shall take effect on the first day of the fourth month following enactment.

STATEMENT

    This bill modifies the "Passenger Automobile Seat Belt Usage Act" 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 repeals section 5 of P.L.1984, c.179 (C.39:3-76.2i) which made the enforcement of the seat belt law a secondary action. The repeal of this section will result in making the enforcement a "primary" action; consequently, 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.

    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.

    Finally, the definition of "passenger automobile" is changed to include vans, pick-up trucks and utility vehicles so that the drivers and passengers of these vehicles would have to wear seat belts.

Requires all passengers and driver to wear seat belts with certain exceptions; permits enforcement of seat belt law as primary action.