Bill Text: NJ A2315 | 2018-2019 | Regular Session | Introduced
Bill Title: Creates motor vehicle offenses related to special paratransit vehicles.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-01 - Introduced, Referred to Assembly Human Services Committee [A2315 Detail]
Download: New_Jersey-2018-A2315-Introduced.html
Sponsored by:
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
SYNOPSIS
Creates motor vehicle offenses related to special paratransit vehicles.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning special paratransit vehicles and amending various parts of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.2003, c.66 (C.39:3-10.32) is amended to read as follows:
6. a. In addition to any other penalty provided by law, a [school bus driver] a driver of a school bus as defined in R.S.39:3-1, who violates section 5 of P.L.1990, c.103 (C.39:3-10.13) or section 16 of P.L.1990, c.103 (C.39:3-10.24) while transporting school children shall be guilty of a disorderly persons offense.
b. In addition to any other penalty provided by law, a driver of a special paratransit vehicle as defined in R.S.48:4-1, who violates section 5 of P.L.1990, c.103 (C.39:3-10.13) or section 16 of P.L.1990, c.103 (C.39:3-10.24) while transporting persons who are at least 60 years of age or persons with disabilities shall be guilty of a disorderly persons offense.
c. Notwithstanding any other provision of law to the contrary, a conviction under this section shall not merge with a conviction for a violation of R.S.39:4-50, section 2 of P.L.1981, c.512 (C.39:4-50.4a), section 5 of P.L.1990, c.103 (C.39:3-10.13), or section 16 of P.L.1990, c.103 (C.39:3-10.24).
(cf: P.L.2003, c.66, s.6)
2. Section 1 of P.L.2002, c.120 (C.39:3B-25) is amended to read as follows:
1. a. (1) It shall be unlawful for the driver of a school bus, as defined in R.S.39:1-1, to use a cellular or other wireless telephone while operating the school bus.
(2) It shall be unlawful for the driver of a special paratransit vehicle, as defined in R.S.48:4-1, to use a cellular or other wireless telephone while operating the special paratransit vehicle.
b. The prohibition contained in subsection a. of this section shall not apply:
(1) when the school bus or special paratransit vehicle is parked in a safe area off of a highway; or
(2) in an emergency situation.
c. A person who violates this section shall be fined not less than $250 or more than $500.
d. No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.
(cf: P.L.2002, c.120, s.1)
3. R.S.39:4-128 is amended to read as follows:
39:4-128. (a) The driver of any omnibus, designed for carrying more than six passengers, [or] of any school bus carrying any school child or children, or of any special paratransit vehicle carrying any person or persons at least 60 years of age or any person or persons with disabilities, or of any vehicle carrying explosive substance or flammable liquids as a cargo or part of a cargo, or of any commercial motor vehicle specified in 49 C.F.R. s.392.10(a) (1) through (6), before crossing, at grade, any track or tracks of a railroad shall stop [such] the vehicle within 50 feet but not less than 15 feet from the nearest rail of [such] the railroad, and while [so] stopped, the driver shall listen and look in both directions along [such] the track or tracks[,] for any approaching train, and for signals indicating the approach of a train. After stopping [as required herein] , and upon proceeding when it is safe to do so, the driver of [any said] the vehicle shall cross only in [such] a gear of the vehicle that there will be no necessity for changing gears while traversing [such] the crossing and the driver shall not shift gears while crossing the track or tracks. This section shall not apply to grade crossings which are no longer used for railroad traffic and which have been abandoned by the railroad company, provided that appropriate signs have been posted to indicate that [such] the grade crossing has been abandoned or is no longer used for any railroad traffic. This section shall not apply to grade crossings where the railroad track has been removed or paved over and the warning signs erected by the railroad, in accordance with R.S.48:12-58, have been removed, provided that [in such case] written notice is given to the Commissioner of Transportation and to the appropriate State or local authority having jurisdiction over the highway, road, or street prior to the undertaking of [such] the removal or paving of railroad track. This section shall also not apply to grade crossings marked with a sign reading "Exempt Crossing."
The Commissioner of Transportation is hereby vested with the exclusive authority to designate and mark any railroad grade crossings across any street or highway in this State with a sign "Exempt Crossing." The commissioner shall hold a public hearing before designating any crossing as exempt with notice of [such] the hearing to be served in accordance with regulations promulgated by the commissioner.
The commissioner shall designate a grade crossing an exempt crossing when the potential for damage and injury from accidents between motor vehicles required to stop at grade crossings and other motor vehicles traveling in the same direction exceeds that between a train and the vehicles required to stop by law. Crossings designated as exempt crossings may include, but shall not be limited to, industrial, spurline, and secondary crossings. The commissioner shall promulgate [such] regulations as are necessary to effectuate the purpose of the establishment of exempt crossings.
(b) No person shall operate or move any crawler-type tractor, wheel tractor, tractor engine with or without trailer or trailers attached, steam shovel, derrick, roller, self-propelled concrete mixer, or any self-propelled vehicle, commercial motor vehicle, equipment, machinery, apparatus, or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than 1/2 inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a roadway, upon or across any track or tracks at a railroad grade crossing without first complying with the following requirements.
Notice of any [such] intended crossing shall be given to the nearest superintendent or trainmaster of [such] the railroad. [Such notice] Notice shall specify the approximate time of crossing and a reasonable time shall be given to [such] the railroad to provide proper protection at [such] the crossing.
After concluding satisfactory arrangements with the proper officer of the railroad and before making any [such] crossing, the person operating or moving [any such] the vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of [such] the railroad, and while so stopped, shall listen and look in both directions along [such] the track or tracks for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
No [such] crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If the flagman is provided by the railroad, movement over the crossing shall be made under [his] the flagman's jurisdiction.
(c) Any person violating the provisions of this section shall be punished by a fine of not more than [$50.00] $50 for the first offense and for the second offense a fine of not more than [$100.00] $100, or by imprisonment for not more than 30 days, or by both [such] fine and imprisonment.
(d) This section shall not be construed as limiting the authority of any municipality to adopt police regulations governing the operation of omnibuses and to provide penalties for their violation, or to relieve the owner or operator of [such] the omnibus subject to the jurisdiction of the Board of Public Utilities from any penalty prescribed by the laws of this State for violation of orders of [such] the board.
(cf: P.L.2005, c.147, s.9)
4. This act shall take effect immediately.
STATEMENT
The bill creates enhanced penalties for certain motor vehicle offenses when those motor vehicle offenses are committed by drivers of special paratransit vehicles.
Under current law, a special paratransit vehicle is defined as any motor vehicle which is used exclusively for the transportation of persons who are at least 60 years of age or who have disabilities or who are the clients of social service agencies, provided, that the motor vehicle is used in a service provided by a county either directly or by contract, or provided by a nonprofit organization, and the service is included by a county as part of its county plan required by section 6 of P.L.1983, c.578 (C.27:25-30), regardless of whether a fare is charged or donations are accepted.
Under the bill, a driver of a special paratransit vehicle that operates the vehicle with an alcohol concentration of 0.4 percent or more, refuses to provide a breath sample for the purpose of taking chemical tests to determine alcohol concentration, or operates the vehicle while under the influence of a controlled substance may be found guilty of a disorderly persons offense in addition to the current fines and penalties applicable to the violation.
The bill prohibits a driver of a special paratransit vehicle from using a cellular phone while operating the vehicle, except when the vehicle is parked in a safe area off of a highway or in an emergency situation. A driver who violates this provision may be subject to a fine of not less than $250 or more than $500.
The bill requires a driver of a special paratransit vehicle to stop, not less than 15 feet but no more than 50 feet, then look and listen in both directions along railroad tracks before crossing. A driver may be subject to a fine of not more than $50 for the first violation of this provision. A driver may be subject to a fine of not more than $100, 30 days imprisonment, or both for a second violation.
