Bill Text: NJ A2387 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires driver safety classes for certain drivers with suspended license.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-02-04 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A2387 Detail]
Download: New_Jersey-2016-A2387-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Requires driver safety classes for certain drivers with suspended license.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning suspended and revoked motor vehicle licenses and amending various parts of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1969, c.261 (C.39:5-30.2) is amended to read as follows:
1. Any moving violation of the motor vehicle law which carries with it a penalty of suspension or revocation of a driver's license [may] shall be subject to review by the chief administrator. The chief administrator[, in his or his designee's discretion, may permit] shall require a driver subject to suspension or revocation [to elect] to attend a New Jersey [Motor Vehicle Commission] Driver Improvement Program as a condition precedent to reinstatement of the driver's license. If the driver fails to complete the Driver Improvement Program by the end of the suspension or revocation period, the chief administrator shall not reinstate the person's driver's license until the person has successfully completed the program [in lieu of all or part of a period of suspension. This discretionary authority shall not apply to those sections of the motor vehicle law which require the imposition of a mandatory suspension term]. In addition to, or in lieu of, the Driver Improvement Program offered by the commission, the chief administrator may authorize a drivers' school licensed pursuant to section 2 of P.L.1951, c.216 (C.39:12-2) or any statewide safety organization to provide a Driver Improvement Program, the course of which shall be subject to the oversight of, and any guidelines established by, the commission. The authority of the chief administrator to suspend, revoke, or deny issuance of an initial or renewal license to operate a driving school, or an instructor's license, and to assess fines, pursuant to P.L.1951, c.216 (C.39:12-1 et seq.) shall apply to any violations related to the administration of a Driver Improvement Program.
(cf: P.L.2009, c.298, s.6)
2. Section 1 of P.L.1972, c.38 (C.39:5-30.4) is amended to read as follows:
1. Persons attending a
Driver Improvement Program [offered
by the New Jersey Motor Vehicle Commission, an approved drivers' school, or a
Statewide safety organization],
as approved by the commission, [shall
pay such fee therefor not to exceed $100,]
shall satisfactorily complete the program and pay a fee as prescribed in
regulations promulgated by the chief administrator. The chief
administrator shall reinstate the driver's license of any person completing the
Driver Improvement Program within the 90-day notice period provided prior to
the effective date of the suspension. The driver's license of any person
failing to [pay
the prescribed fee shall be subject to suspension or revocation] satisfactorily
complete the Driver Improvement Program shall be subject to continued
suspension or revocation until person satisfactorily completes the program.
(cf: P.L.2009, c.298, s.7)
3. Section 4 of P.L.1982, c.43 (C.39:5-30.8) is amended to read as follows:
4. Except for good cause, the [director] chief administrator shall suspend for a period of no less than 30 days and no more than 180 days[, except as provided in section 6 of this act,] the license to operate a motor vehicle of any person who accumulates
a. 12 or more points in a period of 2 years or less, or
b. 15 or more points in a period greater than 2 years, or
c. at least 12 points but fewer than 15 points in a period greater than 2 years[, unless the licensee notifies the division in writing within 10 days of the date of mailing of the proposed notice of suspension of his intention to attend a driver improvement course that is approved by the director, and satisfactorily completes such course].
The proposed notice of suspension shall be mailed to the licensee at his last address of record with the [Division of Motor Vehicles] commission and shall clearly state [the length of the suspension,] the reason for the suspension [and], that the licensee has a right to be heard on the suspension, and that the suspension shall continue until the licensee satisfactorily completes an approved driver improvement program.
The suspension shall become effective [15] 90 days from the date of the mailing of the notice unless the [director] chief administrator for cause establishes another date for commencement of the suspension, or the licensee notifies the [director] chief administrator in writing within 10 days of the mailing of the notice of his intention to personally appear at a hearing to challenge the suspension.
The administrative law judge presiding at a hearing held pursuant to this section shall only consider evidence of the actual number of points assessed and the period of time during which such points were accumulated, taking into consideration any point reduction credits earned by the licensee, in issuing a suspension. He may consider other relevant evidence in considering the appropriateness of any portion of a suspension [issued in excess of 30 days].
Any person who fails without reasonable cause to appear at a hearing provided for by this section, or who fails to satisfactorily complete the approved driver improvement course, as the case may be, shall have his license to operate a motor vehicle suspended forthwith by the [director for the period contained in the proposed notice of suspension] chief administrator.
If the commission is notified prior to the effective date of the suspension that the driver has successfully completed an approved driver improvement course, the driver's license shall be reinstated.
(cf: P.L.1982, c.43, s.4)
4. This act shall take effect the first day of the fourth month following enactment, except the chief administrator may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill requires a driver whose license has been suspended or revoked to attend a New Jersey Driver Improvement Program as a condition of reinstatement of the driver's license.
Under the bill, if a driver fails to complete the course by the end of the suspension period, the chief administrator will not reinstate the person's driver's license until the course has been successfully completed. A suspension is to be effective 90 days from date of mailing of the notice, but if completed prior to the effective date, then the person's license will be reinstated.
According to New Jersey Motor Vehicle Commission (MVC) regulations, attendance at Driver Improvement Program courses by "experienced drivers" are optional. Currently, a driver with a suspended license will pay a $100 restoration fee, serve the appropriate suspension period, and then renew his or her driver's license.
In certain cases, the chief administrator may permit drivers who accumulate at least 12 to 15 points in a two year period or less to attend a Driver Improvement Program course. Upon payment of the MVC administrative fee, payment of the course fee, and satisfactory completion of the course, the chief administrator may remove up to three points from a driver's record.
Currently, only probationary drivers are required to take a Probationary Drivers Program course if they are convicted of two or more moving violations with a total of four or more points during the two-year probationary driving period.
Evidence indicates that upon the completion of driver improvement programs, drivers practice safer driving habits. The courses address the importance of attitude in preventing accidents and reinforce the good driving skills students already have. Most importantly, driver improvement courses show students the consequences of the choices made as drivers and put defensive driving in a personal context.
