Bill Text: NJ A613 | 2018-2019 | Regular Session | Introduced
Bill Title: Increases penalties for violations committed by provisional driver's license holder.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A613 Detail]
Download: New_Jersey-2018-A613-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman DAVID W. WOLFE
District 10 (Ocean)
SYNOPSIS
Increases penalties for violations committed by provisional driver's license holder.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning provisional driver's licenses and supplementing and amending P.L.1950, c.127.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that the safety of novice drivers is of paramount importance.
Moreover, the Legislature finds and declares that the presence of teenage passengers in a motor vehicle driven by a provisional license holder strongly increases the risk that a provisional license holder will be involved in an accident.
The Legislature further finds and declares that the restrictions placed on provisional driver's license holders, particularly the passenger restrictions, have been inadequately enforced by patrolling law enforcement officers.
The Legislature, therefore, strongly encourages law enforcement officers to enforce the provisions of section 4 of P.L.1950, c.127 (C.39:3-13.4), especially the passenger restrictions imposed, for the benefit of young drivers and overall public safety.
2. Section 4 of P.L.1950, c.127 (C.39:3-13.4) is amended to read as follows:
4. a. The holder of a special learner's permit shall be entitled to a provisional driver's license (1) upon attaining the age of 17 years (2) upon the satisfactory completion of an approved behind-the-wheel automobile driving education course as indicated upon the face of the special permit over the signature of the principal of the school or the person operating the drivers' school in which the course was conducted (3) upon the completion of six months' driving experience with a validated special learner's permit in compliance with the provisions of section 6 of P.L.1977, c.25 (C.39:3-13.2a) and (4) upon passing the road test pursuant to R.S.39:3-10.
b. The holder of a provisional license shall be permitted to operate the passenger automobile with only one additional passenger in the vehicle besides persons with whom the holder resides, except that this passenger restriction shall not apply when either the holder of the provisional license or one other passenger is at least 21 years of age. Notwithstanding any other section of law, when notified by a court of competent jurisdiction that the holder of a provisional license has been convicted of operating a motor vehicle with more than one passenger in violation of this section, the chief administrator shall, without the exercise of discretion or a hearing, suspend the provisional license for six months and shall postpone eligibility for a basic license for an equivalent period.
c. [Further, the] The holder of the provisional license who is under 21 years of age shall not drive during the hours between 12:01 a.m. and 5 a.m.; provided however, that this condition may be waived for an emergency which, in the judgment of local police, is of sufficient severity and magnitude to substantially endanger the health, safety, welfare or property of a person or for any bona fide employment or religion-related activity if the employer or appropriate religious authority provides written verification of such activity in a manner provided for by the [director] chief administrator.
d. The holder of the provisional license shall not use any interactive wireless communication device, except in an emergency, while operating a moving passenger automobile on a public road or highway. "Use" shall include, but not be limited to, talking or listening on any interactive wireless communication device or operating its keys, buttons or other controls. In addition, the holder of the provisional license shall ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system.
e. In addition to any other penalties provided under law, the holder of a provisional license who accumulates more than two motor vehicle points or is convicted of a violation of R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a); P.L.1992, c.189 (C.39:4-50.14); R.S.39:4-129; N.J.S.2C:11-5; subsection c. of N.J.S.2C:12-1 or any other motor vehicle law the [director] chief administrator deems to be significant and applicable pursuant to regulation shall, for the first violation, be required to satisfactorily complete a remedial training course of not less than four hours which may be given by the [division] commission, a drivers' school licensed by the [director] chief administrator pursuant to section 2 of P.L.1951, c.216 (C.39:12-2) or any Statewide safety organization approved by the [director] chief administrator. The course shall be administered pursuant to rules and regulations promulgated by the [director] chief administrator and subject to oversight by the [division] commission. The authority of the [director] chief administrator to suspend, revoke or deny issuance of an initial or renewal license to operate a drivers' school or an instructor's license, and to assess fines, pursuant to P.L.1951, c.216 (C.39:12-1 et seq.) shall apply to any violations related to the administration of a remedial training course. The permit holder shall also remit a course fee prior to the commencement of the course.
f. When notified by a court of competent jurisdiction that a provisional license holder has been convicted of a second or subsequent violation, in addition to any other penalties provided under law, the [director] chief administrator shall, without the exercise of discretion or a hearing, suspend the provisional license for [three] six months and shall postpone eligibility for a basic license for an equivalent period. In addition, when the [director] chief administrator is notified by a court of competent jurisdiction that a provisional license holder has been convicted of any alcohol or drug-related offense unrelated to the operation of a motor vehicle, and he is not otherwise subject to any other suspension penalty therefor, the [director] commissioner shall, without the exercise of discretion or a hearing, suspend the provisional license for six months.
g. A provisional license may be sent by mail and shall be clearly identifiable and distinguishable in appearance from a basic license by any name, mark, color or device deemed appropriate by the [director] chief administrator.
(cf: P.L.2001, c.420, s.8)
3. This act shall take effect immediately.
STATEMENT
This bill enhances the penalties imposed for violations of the provisional driver's license statute. Provisional driver's licenses are initial licenses issued to persons less than 18 years of age. Provisional license holders are restricted in the number of child passengers they may have in the car, and may not drive between the hours of 12:01 a.m. and 5 a.m.
Under the provisions of the bill, holders of a provisional driver's license who violate the passenger requirement would have their license suspended for a six month period, and their eligibility for a basic license would be postponed for an equivalent period.
Additionally, the bill would increase the license suspension from three to six months for any second or subsequent motor vehicle violation committed by a provisional driver's license holder.
Finally, this bill sets out a findings and declarations clause that strongly encourages law enforcement officers to implement the restrictions placed on provisional driver's license holders.
