ASSEMBLY, No. 1968

STATE OF NEW JERSEY

221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:

Assemblywoman  SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

SYNOPSIS

     Provides for restricted use driver's license as alternative for license suspension in municipal court.

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

An Act concerning municipal courts and supplementing Title 2B of the New Jersey Statutes. 

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

     1.    Notwithstanding any other provision of law to the contrary, a person whose driver's license is suspended or revoked may apply to the municipal court for a restricted use driver's license.  A person whose driver's license was suspended as a result of a conviction pursuant to R.S.39:4-50 shall not be eligible to receive a restricted use driver's license.  In making a determination, the court shall consider the extent of financial hardship the person would suffer without a license and the probability that the person would repeat the offense.  If the court determines that a restricted use driver's license is appropriate, the court shall issue an order authorizing a restricted use driver's license. The court shall forward the order to the Chief Administrator of the New Jersey Motor Vehicle Commission who shall issue a restricted use driver's license pursuant to the provisions of section 2 of P.L.    , c.      (C.        ) (pending before the Legislature as this bill).

     For the purposes of this section, a "restricted use driver's license" means a license to operate a motor vehicle exclusively for employment-related or education-related purposes in compliance with the terms of this act. The license shall be of a color that makes it readily distinguishable from other driver's licenses issued by the State.

     2.    Upon receipt of a court order issued pursuant to section 1 of P.L.    , c.     (C.       ) (pending before the Legislature as this bill), the Chief Administrator shall issue a restricted use driver's license in a form prescribed by him.  A restricted use driver's license shall authorize the licensee to operate a motor vehicle during certain hours and between certain points solely for the purpose of traveling either to and from his place of employment or place of education.  The Chief Administrator shall issue a restricted use driver's placard to each approved licensee. The restricted use driver's placard shall be prominently displayed in the rear window of any vehicle being driven by a restricted use licensee.  The placard shall be the same color as the restricted use driver's license.

     The Chief Administrator shall impose a fee of not more than $100 for the restricted use driver's license and placard.  

     A restricted use driver's license and placard issued pursuant to this section shall expire when the person's driver's license is restored following the period of suspension.

     3.    This act shall take effect on the 60^th day after enactment.

STATEMENT

     This bill would allow the municipal court to provide restricted use driver's licenses to drivers whose licenses have been suspended.

     Under the bill, a person whose driver's license is suspended or revoked may apply to the municipal court for a restricted use driver's license.  The court would consider the extent of financial hardship the person would suffer without a license and the probability that the person would repeat the offense when making the determination to provide for a restricted use driver's license.  If the court determines that a restricted use driver's license is appropriate, the court would order that a restricted use driver's license be issued. The court would then forward the order to the Chief Administrator of the New Jersey Motor Vehicle Commission who would issue the license.

     A restricted use driver's license would authorize the licensee to operate a motor vehicle during certain hours and between certain points solely for the purpose of traveling either to and from his place of employment or place of education.  In addition, a restricted use driver's placard would be issued to each approved licensee. The placard would be required to be prominently displayed in the rear window of any vehicle being driven by a restricted use licensee. 

     The fee imposed would be not more than $100 for the restricted use driver's license and placard.  A restricted use driver's license issued under the bill would expire when the person's driver's license is restored following the period of suspension.

     The bill defines a "restricted use driver's license" as a license to operate a motor vehicle exclusively for employment-related or education-related purposes in compliance with the terms of this act. The license shall be of a color that makes it readily distinguishable from other driver's licenses issued by the State.

     This bill is based on Recommendation No. 10 of the Report of the Supreme Court Committee on Municipal Court Operations, Fines, and Fees, issued August 2018.