Bill Text: NJ A1217 | 2012-2013 | Regular Session | Introduced
Bill Title: Enhances penalties for failing to move over when approaching stationary emergency vehicle displaying emergency lights.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [A1217 Detail]
Download: New_Jersey-2012-A1217-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Enhances penalties for failing to move over when approaching stationary emergency vehicle displaying emergency lights.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain stationary emergency vehicles, tow trucks, highway maintenance vehicles, and emergency services vehicles and amending P.L.2009, c.5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2009, c.5 (C.39:4-92.2) is amended to read as follows:
1. a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle as defined in R.S.39:1-1 that is displaying a flashing, blinking or alternating red or blue light or, any configuration of lights containing one of these colors, shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or
(2) If a lane change pursuant to paragraph (1) of subsection a. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
b. The operator of a motor vehicle approaching a stationary tow truck as defined in section 1 of P.L.1999, c.396 (C.39:3-84.6) that is displaying a flashing amber light or a stationary highway maintenance or emergency service vehicle that is operated by the State, an authority or a county or municipality and displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the tow truck or highway maintenance or emergency service vehicle if possible in the existing safety and traffic conditions; or
(2) If a lane change under paragraph (1) of subsection b. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
c. A [violation] violator of this section shall be punished by a fine of not less than $100 and not more than $500 and shall, pursuant to P.L.1982, c.43 (C.39:5-30.5 et seq.), be assessed no less than three penalty points. There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in a violation of this section was the person who committed the act.
d. The chief administrator shall develop and initiate a public education campaign to inform motorists of the provisions of this section and the penalties assessed for a violation.
(cf: P.L.2009, c.5, s.1)
2. This act shall take effect on the first day of the third month following enactment and shall apply to all violations occurring on and after that day.
STATEMENT
This bill enhances the penalty for unlawfully passing a stationary emergency vehicle, tow truck, highway maintenance vehicle, or emergency services vehicle displaying its emergency lights.
Under current law, a person who fails to move over when approaching one of these vehicles that is displaying its flashing lights is subject to a fine of not less than $100 or more than $500.
This bill would enhance that penalty by assessing a violator no less than three penalty points in addition to that fine.
The bill also establishes a rebuttable presumption that the registered owner of the vehicle involved in the violation was the person who committed the offense. Adding this provision makes this section mirror the section of law that makes it an offense to pass a school bus while it is picking up or discharging students.
Finally, the bill directs the Chief Administrator of the New Jersey Motor Vehicle Commission to develop and initiate an education campaign to inform the public of the provisions of this law and the penalties assessed for violations of its provisions.
