Bill Text: NJ A3569 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides immunity to law enforcement officers who, in good faith, release driver in violation of provisional driver's license law.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-12-06 - Introduced, Referred to Assembly Law and Public Safety Committee [A3569 Detail]
Download: New_Jersey-2010-A3569-Introduced.html
Sponsored by:
Assemblyman NELSON T. ALBANO
District 1 (Cape May, Atlantic and Cumberland)
Assemblyman MATTHEW W. MILAM
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Provides immunity to law enforcement officers who, in good faith, release driver in violation of provisional driver's license law.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning law enforcement officer liability and supplementing chapter 3 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A State, county, or municipal law enforcement officer who issues a summons to the holder of a provisional driver's license for exceeding the passenger restrictions set forth under section 4 of P.L.1950, c.127 (C.39:3-13.4), who, in good faith, permits that licensee to proceed while still in violation of that section shall not be held liable in any civil action brought by any party who is injured in an accident attributable to that violation. Nothing in this section shall exonerate a law enforcement officer for willful misconduct or malice.
2. This act shall take effect immediately.
STATEMENT
This bill would grant immunity from civil liability to a State, county,and local law enforcement officer who issues a summons to the holder of a provisional driver's license for exceeding the number of passengers permitted in the motor vehicle and, in good faith, permits the licensee to proceed while still in violation of the passenger provision. If the provisional licensee is subsequently involved in a motor vehicle accident, the law enforcement officer could not be held civilly liable for injuries arising out of that accident.
Under current law, the holder of a provisional driver's license is permitted to transport only one additional passenger in the motor vehicle. When a provisional licensee is ticketed for this violating this law, the law enforcement officer has limited options concerning what to do with the driver and passengers. The police officer may transport the driver and passengers to the police station for release to their parents or guardians or drive the passengers home. Both of these options require a disproportionate amount of the police officer's time and other police department resources to be dedicated to a single, relatively minor, traffic offense. Therefore, police officers would prefer to allow the driver to bring the passengers home, but they are hesitant to do so because of the possibility of being sued if the motor vehicle is involved in an accident subsequent to the citation being issued. Under the bill, police officers acting in good faith under these circumstances would not be liable.
