Bill Text: NJ A1452 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires causes of driver inattention to be noted in traffic accidents.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2010-03-22 - Received in the Senate, Referred to Senate Transportation Committee [A1452 Detail]
Download: New_Jersey-2010-A1452-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
Assemblywoman PAMELA R. LAMPITT
District 6 (Camden)
Co-Sponsored by:
Assemblyman DeAngelo
SYNOPSIS
Requires causes of driver inattention to be noted in traffic accidents.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning motor vehicle accidents and amending P.L.2001, c.161 and R.S.39:4-131.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2001, c.161 (C.27:1A-5.19) is amended to read as follows:
1. The Commissioner of Transportation shall annually compile and make available to the public information submitted to the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission, pursuant to R.S.39:4-131, concerning cellular telephones and other causes of driver inattention in motor vehicles involved in traffic accidents. The report shall note whether the operator of the motor vehicle was using a cellular telephone or was otherwise inattentive when the accident occurred.
As used in this section, "causes of driver inattention" shall include, but not be limited to:
a. use of pagers, facsimile machines, locator devices, AM/FM radios, compact disc players, audio cassette players, video players, citizens band radios, or dispatch radios;
b. fatigue;
c. personal grooming;
d. consuming food and beverages;
e. reading; and
f. attending to unsecured pets.
(cf: P.L.2001, c.161, s.1)
2. R.S.39:4-131 is amended to read as follows:
39:4-131. The commission shall prepare and supply to police departments and other suitable agencies, forms for accident reports calling for sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved, the compliance with P.L.1984, c.179 (C.39:3-76.2e et seq.) by the operators and passengers of the vehicles involved in the accident, whether the operator of the vehicle was using a cellular telephone when the accident occurred, whether the operator of the vehicle was inattentive at the time of the accident, the causes of that driver's inattentiveness, and such other information as the chief administrator may require.
As used in this section, "causes of driver inattention" shall include, but not be limited to:
a. use of pagers, facsimile machines, locator devices, AM/FM radios, compact disc players, audio cassette players, video players, citizens band radios, or dispatch radios;
b. fatigue;
c. personal grooming;
d. consuming food and beverages;
e. reading; and
f. attending to unsecured pets.
Information recorded on the accident form concerning driver inattention as required by this section shall not be used by an insurance company as the basis for imposing or collecting a surcharge from a policyholder, increasing a policyholder's insurance premium, or failing to renew that person's policy.
Every law enforcement officer who investigates a vehicle accident of which report must be made as required in this Title, or who otherwise prepares a written report as a result of an accident or thereafter by interviewing the participants or witnesses, shall forward a written report of such accident to the commission, on forms furnished by it, within five days after his investigation of the accident.
Such written reports required to be forwarded by law enforcement officers and the information contained therein shall not be privileged or held confidential. Every citizen of this State shall have the right, during regular business hours and under supervision, to inspect and copy such reports and shall also have the right in person to purchase copies of the reports at the same fee established by section 6 of P.L.2001, c.404 (C.47:1A-5). If copies of reports are requested other than in person, an additional fee of up to $5.00 for the first three pages and $1.00 per page thereafter may be added to cover the administrative costs of the report. Upon request, a police department shall send an accident report to a person through the mail or via fax as defined in section 2 of P.L.1976, c.23 (C.19:59-2). The police department may require the person requesting the report to provide a completed request form and the appropriate fee prior to faxing or mailing the report. The police department shall provide the person requesting the report with the option of submitting the form and providing the appropriate fee either in person, through the mail, or via fax as defined in section 2 of P.L.1976, c.23 (C.19:59-2).
The provisions of any other law or regulation to the contrary notwithstanding, reports obtained pursuant to this act shall not be subject to confidentiality requirements except as provided by section 28 of P.L.1960, c.52 (C.2A:84A-28).
(cf: P.L.2007, c.20, s.1)
3. This act shall take effect on the first day of the seventh month after enactment.
STATEMENT
This bill requires the Commissioner of Transportation to annually compile, and make available to the public, information regarding causes of driver inattention in motor vehicles involved in accidents.
This bill further requires that the New Jersey Motor Vehicle Commission modify the traffic accident report forms it supplies to police departments to indicate whether the driver was inattentive, and the particular causes of the driver's inattentiveness involved.
Under the bill, causes of driver inattention include, but are not limited to, pagers, facsimile machines, locator devices, AM/FM radios, compact disc players, audio cassette players, video players, citizens band radios and dispatch radios, as well as fatigue, personal grooming, food and beverages, reading, and unsecured pets.
