SENATE, No. 1584
STATE OF NEW JERSEY
INTRODUCED OCTOBER 3, 1996
By Senator KYRILLOS
An Act concerning driver education, amending P.L.1975, c.180, supplementing chapter 35 of Title 18A and chapter 33B of Title 17 of the New Jersey Statutes and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 23 of P.L.1975, c.180 (C.39:3-10a) is amended to read as follows:
23. The Director of Motor Vehicles shall charge a fee of [$50] 55 for the restoration of any license which has been suspended or revoked by reason of the licensee's violation of any law or regulation and for the restoration of vehicle registrations that have been suspended pursuant to any law. The director may promulgate such regulations hereunder as he may deem necessary.
(cf: P.L.1994, c.60, s.14)
2. (New section) As used in this act:
"Driver education course" means a course of instruction offered by a public school in the use and operation of motor vehicles, including classroom instruction and behind-the-wheel training designed to promote safe driving, highway courtesy, and an understanding and respect for the State's motor vehicle laws.
"Insurer" means an insurer writing private passenger automobile insurance in this State and includes any insurance plan established to provide private passenger automobile insurance pursuant to section 1 of P.L.1970, c.215 (C.17:29D-1)
3. (New section) There is established a Certified Driver Education Instruction Commission which shall be composed of 13 members as follows: the Commissioner of Education and one member of the State Board of Education; one representative of the Department of Insurance; two representatives of the Office of Highway Traffic Safety in the Department of Law and Public Safety; one representative of the Division of Motor Vehicle Services in the Department of Transportation; one representative of the New Jersey Safety Council; a representative from the Driving Schools Association of New Jersey; one representative of private businesses involved in the insurance industry in New Jersey; one representative from the Automobile Association of America; one representative from the New Jersey Driver and Traffic Safety Education Association; and a representative from each of two colleges that offer driver instruction courses. The members of the commission shall be appointed by the Director of the Division of Motor Vehicles in consultation with the Commissioner of Education and the Director of the Office of Highway Traffic Safety.
Members of the commission shall serve without compensation. The commission shall organize as soon as may be practicable after the appointment of its members. The Commissioner of Education shall be chairman of the commission. The commission shall be entitled to the assistance and services of the employees of any State, county or municipal department, board, bureau, commission or agency which it may require and which may be available to it for these purposes, and to employ professional and research personnel, stenographic and clerical assistants and incur traveling and other miscellaneous expenses necessary to perform its duties, within the limits of funds appropriated or otherwise made available to it for these purposes. The commission may meet and hold hearings at the place or places it designates.
The commission shall be charged with the development of a certified driver education program and the establishment of suggested educational requirements for driver education teachers. In carrying out its duties, the commission shall accord serious consideration to the recommendations of the Driver Improvement Committee of the Highway Safety Conference of the New Jersey State Safety Council as reported by the committee on September 13, 1988. The commission shall issue a final report to the State Board of Education within 180 days of the effective date of this act, and shall thereafter expire.
4. (New section) The Department of Education shall provide curriculum guidelines, instructional materials and other appropriate assistance for the teaching of certified driver education courses, based upon the report of the commission established pursuant to section 3 of P.L. , c. (C. )(now pending before the Legislature as this bill). The guidelines shall include standards for behind-the-wheel driver training, whether provided by a school or under contract with a private driver education school.
5. (New section) A school district shall apply to the Commissioner of Education for State certification of a driver education program and reimbursement pursuant to this act, on forms and in a manner to be determined by the commissioner. The commissioner shall review the application to determine if the course being offered by the school district utilizes the curriculum guidelines and instructional material supplied by the department, or otherwise conforms to those guidelines. The commissioner shall certify any course so conforming.
6. (New section) a. The State Board of Examiners, in accordance with the recommendations of the commission established pursuant to section 3 of P.L. , c. (C. )(now pending before the Legislature as this bill), shall establish the educational requirements for the certification of a teacher of a certified public school driver education course.
b. No person whose driver's license is suspended or revoked may teach driver education in a State-certified public school driver education course.
7. (New section) Local school districts which offer State certified driver education courses shall offer those courses to non-public secondary school students residing within the district, provided the requirements of section 5 of P.L.1977, c.192 (C.18A:46A-5) are met.
8. (New section) Upon the effective date of this act, every rate filing for private passenger automobile insurance shall contain an appropriate reduction for personal injury protection coverage, bodily injury liability coverage, property damage coverage, and physical damage coverage for the successful completion while attending secondary school, by the named insured or the principal operator of the insured automobile, if other than the named insured, of an approved driver education course established pursuant to P.L. , c. (C. )(now pending before the Legislature as this bill). The reduction in premium charges shall be an amount justified by the insurer's actuarial experience, and shall be available to the insured beginning with the next succeeding policy period after the date of completion of the approved driving course.
The insurance rate reduction mandated by this section shall be available to an eligible driver for a period of five years after his completion of the driver education course; however, this reduction shall not be available to any driver who accumulates, within a two year period, six or more motor vehicle points, as provided in Title 39 of the Revised Statutes. The allowance for a reduction of points in Title 39 of the Revised Statutes shall not apply for the purpose of determining a discount under this section.
9. (New section) a. There is established in the General Fund the "Driver Education Fund" as a non-lapsing, revolving fund to be used solely to carry out the purposes of this act. There shall be paid into the fund (1) $5 from each driver license restoration fee required in section 23 of P.L.1975, c.180 (C.39:3-10a); (2) all interest received from the investment of monies in the fund; and (3) any other monies made available to the fund.
b. Monies in the fund shall be used for grants to help defray the cost of behind-the-wheel driver training. A school district which offers driver education courses certified pursuant to section 5 of P.L. , c. (C. ) shall be eligible to receive grants from the fund.
10. (New section) a. A qualifying school district may apply to the Commissioner of Education annually for partial reimbursement of the cost of providing driver education during the preceding year. Application shall be made in a form prescribed by the commissioner. The application shall include an accounting of the number of students who successfully completed a certified driver education course in the preceding year and an itemized summary of the cost of providing this education.
b. The commissioner shall monitor the driver education programs offered by applicants and shall authorize reimbursement of school districts with certified programs from the Driver Education Fund. Reimbursement shall be based on the number of students in that district who successfully completed a certified driver education course pursuant to section 5 of P.L. , c. (C. ) in the preceding year. Reimbursement per capita shall not exceed one-third of the amount established by the commissioner as the average cost per student of providing certified behind-the-wheel driver training during the same period. Any monies distributed in this manner shall be exclusively utilized by the school district to defray the cost of behind-the-wheel courses for its students.
11. (New section) Funds provided to a local school district under the provisions of this act are to be in addition to the State school aid calculated pursuant to P.L.1990, c.52 (C.18A:7D-1 et al.) and not included in determining any State aid pursuant to that act.
12. (New section) There is appropriated $30,000 from the General Fund to the Division of Motor Vehicles for the development of a data base to aid in the development and administration of certified driver education programs, and $20,000 from the General Fund to the Department of Education for the preparation of curriculum guidelines and instructional materials for the program.
13. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill provides for the establishment of a Certified Driver Education Instruction Commission to develop a certified driver education program for secondary school students and to establish suggested educational requirements for driver education teachers for that program.
The Certified Driver Education Instruction Commission is to be comprised of 13 members as follows: the Commissioner of Education, who shall be chairman of the commission, and one member of the State Board of Education; one representative of the Department of Insurance; two representatives of the Office of Highway Traffic Safety in the Department of Law and Public Safety; one representative of the Division of Motor Vehicles in the Department of Transportation; one representative of the New Jersey Safety Council; a representative from the Driving School Association of New Jersey; one representative of private businesses involved in the insurance industry in New Jersey; one representative from the Automobile Association of America; one representative from the New Jersey Driver and Traffic Safety Education Association; and a representative from each of two colleges that offer driver instruction courses. The members of the commission are be appointed by the Director of the Division of Motor Vehicles in consultation with the Commissioner of Education and the Director of the Office of Highway Traffic Safety, and are to serve without compensation.
The commission is to report its recommendations to the State Board of Education and the Department of Education will prepare curriculum guidelines, instructional materials and other appropriate assistance for the teaching of certified driver education courses. The curriculum guidelines and instructional materials are to be utilized by any local school district which applies for and receives State certification for its driver education courses.
The bill also increases the fee of the Division of Motor Vehicles for the restoration of any driver's license which has been suspended or revoked from $50 to $55. This $5 increase in the fee will provide the monies for the "Driver Education Fund" which will be used for grants to help defray the cost of behind-the-wheel driver training. A school district which offers driver education courses certified pursuant to this bill will be eligible to receive grants from the fund. A qualifying school district may apply annually for partial reimbursement of the cost of providing driver education during the preceding year. Reimbursement per capita may not exceed one-third of the amount established by the commissioner as the average cost per student of providing certified behind-the-wheel driver training during the same period.
A school district must apply to the Commissioner of Education for State certification of a driver education program and reimbursement pursuant to this bill.
Local school districts which offer State certified driver education courses must also offer these courses to non-public secondary school students residing within the district. Such courses for non-public secondary school students may be provided only upon the consent of the parent or guardian and must be provided in a location determined by the local board of education (excluding a church or sectarian school).
In addition, the bill provides for a premium reduction for automobile insurance for students who have successfully completed a certified driver education course. This reduction in premium must be an amount justified by the insurer's actuarial experience. The insurance rate reduction will be available to an eligible driver for a period of five years after completion of the driver education course, except that this reduction will not be available to any driver who accumulates, within a two-year period, six or more motor vehicle points.
The bill appropriates $30,000 to the Division of Motor Vehicles for the development and administration of certified driver education programs. The bill also provides a $20,000 appropriation to the Department of Education for the preparation of course materials for the program.
The bill takes effect on the first day of the seventh month following enactment.
Establishes State certified driver education program; appropriates $50,000.