Bill Text: NJ A1349 | 2010-2011 | Regular Session | Introduced
Bill Title: Modifies penalty for operating an aircraft while impaired, establishes blood alcohol content offense level and requires report of violation to FAA.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Law and Public Safety Committee [A1349 Detail]
Download: New_Jersey-2010-A1349-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
SYNOPSIS
Modifies penalty for operating an aircraft while impaired, establishes blood alcohol content offense level and requires report of violation to FAA.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning operating aircraft while impaired, supplementing chapter 1 of Title 6 of the Revised Statutes, amending N.J.S.2B:12-17 and repealing R.S.6:1-18.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in this act:
"Crew member" means any person performing or assigned to perform any duty in a civil aircraft during the time which the aircraft is undergoing pre-flight inspection, boarding or carrying passengers or crew or any time the aircraft is under power or in flight.
"Mechanic" includes any person moving an aircraft while performing maintenance operations.
2. (New section) a. (1) No person shall operate or serve as a crew member or mechanic on any aircraft in this State, or permit another to operate or serve as a crew member or mechanic on any aircraft in this State:
(a) within eight hours after the consumption of any alcoholic beverage;
(b) while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug; or
(c) while having a blood alcohol concentration of 0.04% or more by weight of alcohol in the person's blood.
(2) No person shall permit another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate or serve as a crew member or mechanic on any aircraft in this State owned by him or in his custody or control.
b. Any person who violates the provisions of subsection a. of this section shall be subject:
(1) For the first offense, to a fine of not less than $300 or more than $500 and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of seven months to one year.
(2) For a second violation, a
person shall be subject to a fine of 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, which shall be of such form and on such terms as the court shall deem appropriate
under the circumstances, and shall be sentenced to imprisonment for a term of
not less than 48 consecutive hours, which shall not be suspended or served on
probation, or more than
90 days, and shall forfeit his right to operate a motor vehicle over the
highways of this State for a period of two years.
(3) For a third or subsequent violation, a person shall be subject to a fine of $1,000, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, during which the person performs community service in the form and on the terms as the court deems appropriate under the circumstances, and to the forfeiture of the privilege to operate a motor vehicle over the highways of this State for a period of 10 years.
When used in this section the phrase "narcotic, hallucinogenic or habit-producing drug" includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.
c. Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license of licenses to the Chief Administrator of the New Jersey Motor Vehicle Commission. In the event that a person convicted under this section is the holder of any out-of-State motor vehicle driver's license, the court shall not collect the license but shall notify forthwith the Chief Administrator of the New Jersey Motor Vehicle Commission, who shall, in turn, notify appropriate officials in the licensing jurisdiction. The court shall, however, revoke the nonresident's driving privilege to operate a motor vehicle.
d. A conviction of a violation of a law of a substantially similar nature in another jurisdiction, shall constitute a prior conviction under this section unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.04%.
e. If the driving privilege of any person is under revocation or suspension for a violation of any provision of this Title or Title 2C of the New Jersey Statutes at the time of any conviction for a violation of this section, the revocation or suspension period imposed shall commence as of the date of termination of the existing revocation or suspension period. In the case of any person who at the time of the imposition of sentence is less than 17 years of age, the forfeiture, suspension or revocation of the driving privilege imposed by the court under this section shall commence immediately, run through the offender's seventeenth birthday and continue from that date for the period set by the court pursuant to paragraphs (1) through (3) of subsection b. of this section.
f. A court that imposes a term of imprisonment for a first or second offense under this section may sentence the person so convicted to the county jail, to the workhouse of the county wherein the offense was committed, or to an inpatient rehabilitation program approved by the Chief Administrator of the New Jersey Motor Vehicle Commission and the Director of the Division of Alcoholism and Drug Abuse in the Department of Health and Senior Services.
3. (New section) a. Any person who operates or serves as a crew member or mechanic on an aircraft in this State shall be deemed to have given consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill) and at the request of a police officer who has reasonable grounds to believe that such person has been operating or serving as a crew member or a mechanic on an aircraft in violation of the provisions of section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill).
b. A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon the person's request, shall be furnished or made available to the person so tested.
c. In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of their breath, urine or blood made by a person or physician of the person's own selection.
d. The police officer shall inform the person tested of the rights provided under subsections b. and c. of this section.
e. No chemical test, as
provided in this section, or specimen necessary thereto, may be made or taken
forcibly and against physical resistance thereto by the person. The police
officer shall, however, inform the person arrested that the consequence of
refusing to submit to such test shall be the imposition of a penalty equivalent
to that which is imposed if such person submits to and subsequently fails the
chemical test. A standard statement, prepared by the Chief Administrator of
the New Jersey Motor
Vehicle Commission, shall be read by the police officer to the person under
arrest.
4. (New section) The municipal court shall revoke the right to operate a motor vehicle of any person who, after being arrested for a violation of section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill), shall refuse to submit to a test provided for in section 3 of P.L. , c. (C. ) (now pending before the Legislature as this bill) when requested to do so, for not less than seven months or more than one year unless the refusal was in connection with a second offense under this section, in which case the revocation period shall be for two years, or unless the refusal was in connection with a third or subsequent offense under this section, in which case the revocation shall be for ten years. A conviction or administrative determination of a violation of a law of a substantially similar nature in another jurisdiction shall constitute a prior conviction under this section. The municipal court shall determine by a preponderance of the evidence whether the arresting officer had probable cause to believe that the person operated or served as a crew member or mechanic on an aircraft while the person was under the influence of intoxicating liquor or a narcotic, hallucinogenic, or habit-producing drug or marijuana; whether the person was placed under arrest, if appropriate, and whether he refused to submit to the test upon request of the officer; and if these elements of the violation are not established, no conviction shall issue. For a first offense, the revocation may be concurrent with or consecutive to any revocation imposed for a conviction under the provisions of section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill) arising out of the same incident. For a second or subsequent offense, the revocation shall be consecutive to any revocation imposed for a conviction under the provisions of section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill).
The municipal court shall impose on a person convicted under this section a fine of not less than $300 or more than $500 for a first offense, a fine of not less than $500 or more than $1,000 for a second offense, and a fine of $1,000 for a third or subsequent offense.
5. (New section) If a person is convicted of a violation of section 2 of P.L. , c. (C. ) (now pending before the Legislature as this bill), a report of the conviction shall be forwarded by the court in which the conviction occurred to the Federal Aviation Administration for enforcement action, the imposition of sanctions, or both.
6. N.J.S.2B:12-17 is amended to read as follows:
2B:17-17. Jurisdiction of specified offenses. A municipal court has jurisdiction over the following cases within the territorial jurisdiction of the court:
a. Violations of county or municipal ordinances;
b. Violations of the motor vehicle and traffic laws;
c. Disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court;
d. Violations of the fish and game laws;
e. Proceedings to collect a penalty where jurisdiction is granted by statute;
f. Violations of laws regulating boating; [and]
g. Violations of laws regarding aviation; except in any matter where death or serious bodily injury has occurred, regardless of whether the death or serious bodily injury is an element of the offense or violation until such time that the Superior Court transfers the matter to the municipal court. For the purposes of this section, the term "serious bodily injury" shall have the meaning set forth in subsection b. of N.J.S.2C:11-1; and
h. Any other proceedings where jurisdiction is granted by statute.
(cf: P.L.1996, c.95, s.12)
7. R.S.6:1-18 is hereby repealed.
8. This act shall take effect immediately.
STATEMENT
This bill modifies the penalty for operating or serving as a crew member or mechanic on an aircraft while impaired by creating a blood alcohol content offense level and requiring that any violations under this section be reported to the Federal Aviation Administration (FAA) for enforcement action, the imposition of sanctions, or both.
It shall be deemed a violation of this bill for any person to operate or serve as a crew member or mechanic on an aircraft in this State within eight hours of consuming any alcoholic beverage, while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration (BAC) of 0.04% or more by weight of alcohol in the blood. This provision would modify the current State law to correspond with the standards already imposed on pilots by the FAA. The bill also penalizes persons who permit another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate or serve as a crew member or mechanic on an aircraft in this State owned by him or in his custody or control.
The bill imposes the following penalties on violators: (1) for the first offense, a fine of $300 to $500, imprisonment for up to 30 days in the court's discretion, and the loss of driving privileges for seven months to one year; (2) for a second violation, a fine of $500 to $1,000, community service for 30 days, imprisonment for 48 hours to 90 days, and the loss of driving privileges for two years; (3) for a third or subsequent violation, a fine of $1,000, imprisonment for at least 180 days in a county jail or workhouse, except that the court may lower the term up to 90 days for the performance of community service, and the loss of driving privileges for 10 years.
The bill also creates an implied consent provision for testing the BAC of any person reasonably believed to have violated section 2 of the bill's provisions, and imposes penalties on persons who refuse to submit to such testing. The bill requires that the driver's license of violators be suspended for seven months to one year for a first offense, two years for a second offense, and ten years for a third or subsequent offense. In addition, the violator would be fined $300 to $500 for a first offense, $500 to $1,000 for a second offense, and $1,000 for a third or subsequent offense.
Although the FAA may impose sanctions on any person who violates the federal regulations against flying while impaired, it is within the province of the states to test pilots for intoxication and to assess criminal penalties, if necessary. As a result, the National Transportation Safety Board has recommended that the states draft more comprehensive laws against flying while impaired which include specific guidelines regarding BAC, implied consent provisions for toxicological tests, and require the reporting of any violations to the FAA.
Under the bill, municipal courts have jurisdiction for violations of aviation laws unless there is death or serious bodily injury. In these cases, the Superior Court would have exclusive jurisdiction over the matter until it refers the matter to the municipal court. This avoids a double jeopardy issue if an incident was serious enough that a person would be charged with a crime as well as the offense established under the bill.
