S2157

An Act concerning motor vehicle violations and amending various parts of the statutory law and repealing R.S.39:5-31.

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

1. R.S.39:4-52 is amended to read as follows:

39:4-52 No person shall operate a motor vehicle upon a public highway for a wager or in a race or for the purpose of making a speed record.

A person who violates this section shall be fined not less than [twenty-five] $25 nor more than [one hundred dollars] $100 for the first offense, and may forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than one year, and, for a subsequent offense, shall be fined not less than [one hundred] $100 nor more than [two hundred dollars] $200 and may forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than three years.

(cf: R.S.39:4-52)

2. R.S.39:4-92 is amended to read as follows:

39:4-92 Upon the immediate approach of an authorized emergency vehicle giving audible signal, and equipped, as required by [section 39:4-91 of this Title] R.S.39:4-91, and unless otherwise directed by a police or traffic officer,

(a) The driver of every vehicle shall immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the highway, clear of an intersection of highways, and shall stop and remain in that position until the authorized emergency vehicle has passed and

(b) The driver or person in control of a street car shall immediately stop the car clear of an intersection of highways and keep it stationary until the authorized emergency vehicle has passed.

No driver of any vehicle other than one on official business shall follow any authorized emergency vehicle, traveling in response to an emergency call, closer than 300 feet, or drive nearer to, or park the vehicle within 200 feet of, where any fire apparatus has stopped in answer to a fire alarm.

In addition to any other penalty provided by law, an individual convicted of a violation under this section may also forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than 90 days for a first offense, not more than seven months for a second offense, and not more than two years for
a third or subsequent offense.

(cf: P.L.1962, c.148, s.1)

3. R.S.39:4-96 is amended to read as follows:

39:4-96. A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than [$50.00] $50 or more than [$200.00] $200, or both and may forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than 90 days.

On a second [or subsequent] conviction he shall be punished by imprisonment for not more than three months, or by a fine of not less than $100 or more than $500, or both and may forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than seven months.

On a third or subsequent conviction he shall be punished by imprisonment for not more than six months, or by a fine of not less than $300 or more than $800, or both and may forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than two years.

(cf: P.L.1995, c.70, s.2)

4. Section 6 of P.L.1997, c.415 (C.39:4-98.7) is amended to read as follows:

6. The fine for a motor vehicle offense shall be double the amount specified by law when traveling 20 miles per hour or more over the designated speed limit as set forth in R.S.39:4-98, except as provided in subsection b. of section 1 of P.L.1993, c.332 (C.39:4-203.5) and subsection a. of section 5 of P.L.1997, c.415 (C.39:4-98.6). In addition to any other penalty provided for by law, an individual convicted of a motor vehicle offense under this section may also forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than 90 days for a first offense, not more than seven months for a second offense, and not more than two years for a third or subsequent offense.

(cf: P.L.1997, c.415, s.6)

5. R.S.39:4-99 is amended to read as follows:

39:4-99 It shall be prima facie unlawful for a person to exceed any of the foregoing speed limitations or any speed limitation in effect as established by authority of [section 39:4-98 of this Title] R.S.39:4-98.

In every charge of violation of [section 39:4-98 of this Title] R.S.39:4-98, the complaint and the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven and the speed which this article declares shall be prima facie lawful at the time and place of the alleged violation.

In addition to any other penalty provided by law, any person convicted of exceeding the designated speed limit as set forth in R.S.39:4-98 by 30 miles per hour or more may also forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than 90 days for a first offense, not more than seven months for a second offense, and not more than two years for a third or subsequent offense.

(cf: P.L.1951, c.23, s.56)

6. Section 1 of P.L.1942, c.192 (C.39:4-128.1) is amended to read as follows:

1. On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity and which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted therefrom or be about to enter said bus.

For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

The driver of a bus which is being used solely for the transportation of children to or from school or a summer day camp or any school connected activity shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted therefrom shall have reached a place of safety.

Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than [$100.00] $100, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than [$250.00] $250, imprisonment for not more than 15 days, or both for each subsequent offense. The penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act. 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 $100.

[The Director of the Division of Motor Vehicles may also revoke the license to drive a motor vehicle of any person who shall have been guilty of such willful violation of any of the provisions of this act as shall, in the discretion of the director, justify such revocation, but the director shall, at all times, have power to validate such a license which has been revoked, or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this act.] Any person convicted of a motor vehicle offense under this section may also forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than 90 days for a first offense, not more than seven months for a second offense, and not more than two years for a third or subsequent offense.

(cf: P.L.2000, c.85, s.2)

7. R.S.39:5-31 is repealed.

8. This act shall take effect immediately and shall apply to motor vehicle violations occurring after the effective date.

STATEMENT

This bill would limit the discretion of municipal judges to revoke a person’s driver license to certain types of violations and would increase certain penalties. Under current law, N.J.S.A.39:5-31 provides that a municipal judge may revoke the license of any person to drive a motor vehicle when such person is found guilty of a willful violation of the Motor Vehicle Code. This statute is the subject of a recent Appellate Division decision, currently being considered by the Supreme Court of New Jersey. The Appellate Division found, “It would indeed be sensible for the Legislature to consider amending N.J.S.A.39:5-31 to include limitations and guidelines.” State v. Moran, 408 N.J. Super. 412 (App. Div. 2009), cert. granted, 200 N.J. 547, (2009). Currently N.J.S.A.39:5-31 provides that, “the director or any magistrate before whom any hearing under this subtitle is had may revoke the license of any person to drive a motor vehicle, when such person shall have been guilty of such willful violation of any of the provisions of this subtitle as shall, in the discretion of the magistrate, justify such revocation.”

This bill is intended to address concerns raised by the Appellate Division in Moran by placing certain limitations on the discretion of municipal judges to revoke a person’s driver license. This bill would repeal N.J.S.A.39:5-31 and permit municipal court judges to revoke a driver’s license in cases of racing on a highway, reckless driving, excessive speeding, failure to yield for an emergency vehicle and failure to properly stop for a school bus.

This bill amends R.S.39:4-52 to authorize a suspension of up to one year for a first offense of operating a motor vehicle for a wager, or in a race, or for the purpose of making a speed record. The suspension could be up to three years for a subsequent violation.

The bill amends R.S.39:4-92 to provide that any person who fails to yield to an emergency vehicle could face forfeiture of the right to operate a motor vehicle over the highways of this State for a period of not more than 90 days for a first offense, not more than seven months for a second offense, and not more than two years for a third or subsequent offense.

R.S.39:4-91 is amended to provide that upon a first offense of reckless driving the person may receive a suspension up to 90 days for a first offense, seven months for a second offense, and up to two years for a subsequent violation.

The bill amends N.J.S.A.39:4-98.7 to provide that if a person committed a violation while exceeding the speed limit by 20 miles per hour or more, in addition to double the penalty specified by law, the person’s right to operate a motor vehicle may be forfeited for a period not to exceed 90 days for a first offense, seven months for a second offense and two years for a third offense.

R.S.39:4-99 is amended to provide that, in addition to any other penalty provided by law, any person convicted of exceeding the designated speed limit by 30 miles per hour or more may also forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than 90 days for a first offense, not more than seven months for a second offense, and not more than two years for a third or subsequent offense.

Currently N.J.S.A.39:4-128.1 provides that any person who fails to properly stop for a school bus may face a fine of not less than $100, imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, or both for the first offense, and a fine not less than $250, imprisonment for not more than 15 days, or both for each subsequent offense. Under current law the Chief Administrator of the Motor Vehicle Commission may also revoke the license to drive a motor vehicle of any person who is found guilty of a willful violation of this section. This bill would amend N.J.S.A.39:4-128.1 to clarify that any person convicted of a motor vehicle offense under this section may forfeit the right to operate a motor vehicle over the highways of this State for a period of not more than 90 days for a first offense, not more than seven months for a second offense, and not more than two years for a third or subsequent offense.