New Jersey-2012-A1582-Introduced

An Act concerning autocabs and amending R.S.48:16-3.

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

1. R.S.48:16-3 is amended to read as follows:

48:16-3. No such consent shall become effective until the provisions of subsections a. and b. of this section have been satisfied:

a. The owner of the autocab shall have filed with the clerk of the municipality in which such operation is permitted, an insurance policy which shall be issued by an admitted insurance company duly licensed to transact business under the insurance laws of this State or a company registered to do business in the State, the policy providing for not less than $35,000 of motor vehicle liability insurance coverage or the amount of motor vehicle liability insurance coverage required pursuant to section 1 of P.L.1972, c.197 (C.39:6B-1), whichever is greater, to satisfy all claims for damages, by reason of bodily injury to, or the death of, any person or persons, resulting from, or on account of, an accident, by reason of the ownership, operation, maintenance, or use of such autocab upon any public street; and to satisfy any claim for damages to property of any person or persons, resulting from, or on account of, an accident, by reason of the ownership, operation, maintenance, or use of such autocab upon any public street.

The owner of an autocab shall demonstrate the owner's financial responsibility with the clerk of the municipality by filing with the clerk satisfactory evidence of holding an insurance policy required pursuant to this section or section 1 of P.L.1972, c.197 (C.39:6B-1) and proof of the following:

(1) Posting a satisfactory bond of a surety company authorized to do business in this State in such amount or conditioned for payment as established in this subsection; or

(2) Depositing cash or securities in such amount as established by this subsection.

Any owner electing to use the method of proof established in paragraph (1) or (2) above shall post a bond or deposit equal to the number of vehicles owned times $35,000, to a maximum of $750,000.

In addition to providing the proof of financial responsibility established in this subsection, the owner of an autocab shall maintain at its principle place of business and annually file with the municipality an audited financial statement, prepared in accordance with generally accepted accounting principles and certified by a certified public accountant.

Nothing contained in this subsection shall prohibit the owner of an autocab from obtaining any additional amount of motor vehicle liability insurance coverage from a company licensed outside the State of New Jersey.

The consent shall be effective and operation thereunder shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.

The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance, or use of the autocab or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid; and

b. Each operator or driver of the autocab for which the owner thereof is seeking the consent to operate in a municipality has submitted to the performance of a criminal history record background check. The cost for the criminal history record background check, including all costs of administering and processing the check, shall be borne by the operator or driver of the autocab.

A person shall be disqualified from operating or driving an autocab if a criminal history record background check required pursuant to this subsection reveals a record of conviction of any of the following crimes:

(1) In New Jersey or elsewhere any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4, or N.J.S.2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2.

(2) In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in paragraph (1) of this subsection.

If a person who has been convicted of one of the crimes enumerated in paragraphs (1) and (2) of this subsection can produce a certificate of rehabilitation issued pursuant to N.J.S.2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an autocab.

The provisions of this subsection shall not apply to an operator or driver of an autocab who has received the consent to operate in a municipality prior to the effective date of P.L.2011, c.135 (C.48:16-2.1 et al.).

(cf: P.L.2011, c.135, s.5)

2. This act shall take effect immediately.

STATEMENT

The bill requires the owner of an autocab (commonly known as a "taxicab") to demonstrate and provide proof of financial responsibility to the clerk of the municipality in which the owner is seeking consent to operate an autocab. The bill also requires the owner to annually file with the clerk audited financial statement with the clerk.