Bill Text: NJ S3149 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits MVC from inspecting buses on casino-owned property and designated casino parking, pick-up, or drop-off locations, except under exigent circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-15 - Substituted by A2845 (2R) [S3149 Detail]
Download: New_Jersey-2010-S3149-Introduced.html
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Prohibits MVC from inspecting buses on casino-owned property and designated casino parking, pick-up, or drop-off locations, except under exigent circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bus inspections and amending P.L.1995, c.225.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1995, c.225 (C.48:4-2.1e) is amended to read as follows:
3. As used in this act:
"Bus" or "buses" means and includes all autobuses, of whatever size or configuration, under the jurisdiction of the commission; all autobuses of NJ Transit and its contract carriers which are under the inspection jurisdiction of the commission; all autobuses of whatever size or configuration, that are subject to Federal Motor Carrier Safety Regulations, operated on public highways or in public places in this State; and all autobuses operated on public highways or in public places in this State under the authority of the Interstate Commerce Commission, or its successor agency.
"Bus safety out-of-service violation" means any serious mechanical, electrical or vehicular condition that is determined to be so unsafe as to potentially cause an accident or breakdown, or would potentially contribute to loss of control of the vehicle by the driver.
"Casino" means a licensed casino or gambling house located in Atlantic City at which casino gambling is conducted pursuant to the provisions of P.L.1977, c.110 (C.5:12-1 et seq.).
"Category 1 violation" means any bus safety out-of-service violation that should have been detected during the daily pre-trip inspection or during periodic repair and maintenance procedures conducted by the driver or the operator.
"Category 2 violation" means any bus safety out-of-service violation that may have occurred after the daily pre-trip inspection and therefore might not have been detected by the operator or driver during the daily pre-trip inspection or during periodic repair and maintenance procedures.
"Operator" means the person responsible for the day to day maintenance and operation of buses.
(cf: P.L.2003, c.13, s.94)
2. Section 7 of P.L.1995, c.225 (C.48:4-2.1i) is amended to read as follows:
7. a. The commission or any duly authorized representative of the commission is authorized to direct any bus operated in this State to immediately proceed to a designated facility for inspection. If a driver fails to immediately report as directed to the designated facility, the operator shall be subject to a penalty of $1,000.
b. At the time of inspection, the commission or any duly authorized representative of the commission is authorized to demand and examine the driver's operating credentials.
c. Except for an inspection undertaken in exigent circumstances, an inspection authorized pursuant to P.L.1995, c.225 (C.48:4-2.1c et seq.) shall not be conducted on property owned or controlled by a casino, or on property, whether public or private, that is a designated parking, drop-off, or pick-up location for casino patrons other than a bus parking facility; provided, however, that nothing in this subsection shall limit the authority of the commission, or any duly authorized representative thereof, to demand and examine the bus driver's operating credentials at any such location. All inspections authorized pursuant to P.L.1995, c.225 shall be conducted at a location, designated for inspection by the commission, that shall not be on any property owned or controlled by a casino. Nothing in this subsection shall limit or prevent the commission or any duly authorized representative of the commission from directing any bus located on casino property to proceed to a designated location for inspection. No inspection and no check of a bus driver's operating credentials conducted pursuant to this section shall occur while passengers are either on the bus or disembarking therefrom. As used in this subsection, "exigent circumstances" means circumstances in which a commission representative determines that operation of the bus may place the public safety at risk, including but not limited to, a bus safety out-of-service violation or the inoperability of the bus.
(cf: P.L.2003, c.13, s.96)
3. This act shall take effect immediately.
STATEMENT
This bill amends the "Bus Safety Compliance Act" to provide that except in the event of an inspection undertaken in exigent circumstances, inspections of buses, conducted by the New Jersey Motor Vehicle Commission, cannot be conducted on property that is owned or controlled by a casino licensed in New Jersey, or on property, whether public or private, that is a designated parking, drop-off, or pick-up location for casino patrons. Nothing in the bill would, however, limit the authority of the commission, or any duly authorized representative thereof, to demand and examine the bus driver's operating credentials at any such location.
Under the bill, the term "exigent circumstances" means circumstances in which a commission representative determines that operation of the bus may place the public safety at risk, including but not limited to, a bus safety out-of-service violation or the inoperability of the bus.
The bill also provides that all inspections must be conducted at a location, designated for inspection by the commission, that cannot be on any property owned or controlled by a casino. In addition, nothing in the bill would limit or prevent the commission, or any duly authorized representative of the commission, from directing any bus located on casino property to proceed to a designated location for inspection. Under the bill, no inspection and no check of a bus driver's operating credentials conducted pursuant to the bill could occur while passengers are either on the bus or disembarking therefrom.
