Bill Text: NJ S2055 | 2016-2017 | Regular Session | Introduced
Bill Title: Increases monetary thresold for reporting motor vehicle accidents from $500 to $1,500.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-04-21 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2055 Detail]
Download: New_Jersey-2016-S2055-Introduced.html
Sponsored by:
Senator ROBERT W. SINGER
District 30 (Monmouth and Ocean)
SYNOPSIS
Increases monetary threshold for reporting motor vehicle accidents from $500 to $1,500.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motor vehicle accident reports and amending P.L.1979, c.136, R.S.39:4-130, and P.L.1952, c.173.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1979, c.136 (C.39:3-10e) is amended to read as follows:
1. The holder of any motor vehicle driver's license who is involved, within any [6-month] six month period, in two or more motor vehicle accidents resulting in death or in personal injury or damage to property of any one person in excess of [$500.00] $1,500 required to be reported to police pursuant to R.S.39:4-130, and against whom there has been assessed motor vehicle points for each such accident, shall on notice to be given by the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission, be required to submit to reexamination and successful passage of an examination of his ability as an operator and a test of his vision, by the [division] commission or by any licensed optometrist or ophthalmologist.
Failure to pass the examination or test required by this act shall be justification for the revocation and refusal to renew the holder's driver's license.
(cf: P.L.1983, c.193, s.2)
2. R.S.39:4-130 is amended to read as follows:
39:4-130. The driver of a vehicle or street car involved in an accident resulting in injury to or the death of any person, or damage to property of any one person in excess of [$500.00] $1,500 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the commission on forms furnished by it. Such written reports shall contain sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved and such information as may be necessary to enable the chief administrator to determine whether the requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other circumstances. The chief administrator may rely upon the accuracy of the information contained in any such report, unless he has reason to believe that the report is erroneous. The commission may require operators involved in accidents to file supplemental reports of accidents upon forms furnished by it when in the opinion of the commission, the original report is insufficient. The reports shall be without prejudice, shall be for the information of the commission, and shall not be open to public inspection. The fact that the reports have been so made shall be admissible in evidence solely to prove a compliance with this section, but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident.
Whenever the driver of a vehicle is physically incapable of giving immediate notice or making a written report of an accident as required in this section and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a report, such occupant shall make or cause to be made said notice or report not made by the driver.
Whenever the driver is physically incapable of making a written report of an accident as required by this section and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall make such report not made by the driver.
In those cases where a driver knowingly violates the provisions of this section by failing to make a written report of an accident, there shall be a permissive inference that the registered owner of the vehicle which was involved in that accident was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was the person involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.
Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.
A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the commission pursuant to R.S.39:4-131.
Except as otherwise provided in this section, a person who knowingly violates this section shall be fined not less than $30 or more than $100.
The chief administrator may revoke or suspend the operator's license privilege and registration privilege of a person who violates this section.
For purposes of this section,
it shall not be a defense that the operator of the motor vehicle was unaware of
the existence or extent of personal injury or property damage caused by the
accident
as long as the operator was aware that he was involved in an accident.
(cf: P.L.2007, c.266, s.2)
3. Section 2 of P.L.1952, c.173 (C.39:6-24) is amended to read as follows:
2. The following words and phrases, when used in this act, shall, for the purposes of this act, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
["Director" --The Director of the Division of Motor Vehicles in the Department of Law and Public Safety.]
"Chief administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"License" [--Any] means any license, temporary instruction permit or temporary license issued under the laws of this State pertaining to the licensing of persons to operate motor vehicles.
"Nonresident's operating privilege" [--The] means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle owned by him, in this State.
"State" [--Any] means any State, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada.
(cf: P.L.1952, c.173, s.2)
4. Section 3 of P.L.1952, c.173 (C.39:6-25) is amended to read as follows:
3. (a) If 20 days after the receipt of a report of a motor vehicle accident within this State which has resulted in bodily injury or death, or damage to the property of any one person in excess of [$500.00] $1,500 the [director] chief administrator does not have on file evidence satisfactory to him that the person who would otherwise be required to file security under subsection (b) of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, and in the event of an accident involving an automobile, required to have coverage for personal injury protection benefits pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.), has also reimbursed or has executed a duly acknowledged written agreement to pay an agreed amount in installments to reimburse the Unsatisfied Claim and Judgment Fund for the payment of all personal injury protection benefits the fund has made or shall make pursuant to section 7 or section 10 of P.L.1972, c.198 (C.39:6-86.1 and C.39:6-86.4) by reason of the failure of such person to have the requisite insurance coverage in effect, the [director] chief administrator shall determine the amount of security which may be necessary in his judgment to satisfy any reimbursement, judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner in view of the total insurance protection available to the injured party. The [Director of the Division of Motor Vehicles] chief administrator shall promulgate such rules as may be necessary to set forth those instances where deposit of security is necessary.
(b) The [director] chief administrator may, within 90 days after the receipt of such report of a motor vehicle accident, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in such accident, and if such operator is a nonresident the privilege of operating a motor vehicle within this State, and if such owner is a nonresident the privilege of the use within this State of any motor vehicle owned by him, unless such operator or owner or both shall deposit security in the sum so determined by the [director] chief administrator; provided, notice of such suspension shall be sent by the [director] chief administrator to such operator and owner not less than 10 days prior to the effective date of such suspension and shall state the amount required as security. Where erroneous information is given the [director] chief administrator with respect to the matters set forth in paragraph (1), (2) or (3) of subsection (c) of this section, he may take appropriate action as hereinbefore provided, within 90 days after receipt by him of correct information with respect to said matters.
(c) This section shall not apply under the conditions stated in section 4 of this act nor:
(1) To such operator or owner, if such owner had in effect, at the time of such accident, a motor vehicle liability policy with respect to the motor vehicle involved in such accident;
(2) To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident a motor vehicle liability policy or bond with respect to his operation of motor vehicles not owned by him;
(3) To such operator or owner if the liability of such operator or owner for damages resulting from such accident is, in the judgment of the [director] chief administrator, covered by any other form of liability insurance policy or bond; nor
(4) To any person qualifying as a self-insurer under section 30 of this act, or to any person operating a motor vehicle for such self-insurer.
No such policy or bond shall be effective under this section unless issued by an insurance company or surety company authorized to do business in this State, except that if such motor vehicle was not registered in this State, or was a motor vehicle which was registered elsewhere than in this State at the effective date of the policy or bond, or the most recent renewal thereof, such policy or bond shall not be effective under this section unless the insurance company or surety company if not authorized to do business in this State shall execute a power of attorney authorizing the [director] chief administrator to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident; provided, however, every such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than [$15,000.00] $15,000 because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than [$30,000.00] $30,000 because of bodily injury to or death of two or more persons in any one accident, and, if the accident has resulted in injury to or destruction of property, to a limit of not less than [$5,000.00] $5,000 because of injury to or destruction of property of others in any one accident and if policy or bond is applicable to an automobile required to have coverage for personal injury protection benefits pursuant to P.L.1972, c.70 (C.39:6A-1 et seq.), it shall include an amount to cover personal injury protection benefits as required by that act.
(cf: P.L.1988, c.119, s.12)
5. This act shall take effect immediately.
STATEMENT
This bill increases the monetary threshold for reporting motor vehicle accidents from $500 to $1,500.
The $500 reporting threshold has been in effect since 1983. Prior to 1983, an accident that resulted in excess of $200 required the filing of a police report. This bill increases the reporting threshold for vehicle damage to $1,500 to reflect the increase in the cost of minor vehicle repairs.
The bill also makes technical corrections to certain sections to reflect the current use of "chief administrator" and "New Jersey Motor Vehicle Commission" in Title 39.
