SENATE, No. 1744

STATE OF NEW JERSEY

INTRODUCED DECEMBER 19, 1996

By Senators CONNORS and McNAMARA

An Act concerning penalty points for failing to observe certain highway lane restrictions and supplementing P.L.1982, c.43 (C.39:5-30.5 et seq.).

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

    1. Penalty points, authorized pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5), shall not be assessed against a person who fails to observe high occupancy vehicle lane restrictions pursuant to regulations of the Department of Transportation.

    2. This act shall take effect on the first day of the second month after enactment.

STATEMENT

    Regulations of the Department of Transportation promulgated in 1993 and 1995 established as a traffic offense the failure of a driver to comply with high occupancy vehicle (HOV) lane restrictions on portions of interstate highways 287 and 80. The Division of Motor Vehicles determined that the offense constituted a violation of R.S.39:4-81, concerning the observance of traffic signals, and added it to the point system as a two-point penalty.

    This bill would prohibit the assessment of such points for this offense. The current monetary penalty for such an offense will remain at $76. The sponsor believes that two points is an excessive penalty for an HOV violation, which should not be equated with such other two-point violations as leaving the scene of an accident that results in property damage or failure to obey the directions of a police officer. These offenses are usually viewed as more serious than an HOV violation by law enforcement officials. An HOV violation is not a highway safety violation.

Prohibits motor vehicle penalty points for certain high occupancy vehicle violations.