Bill Text: NJ A4176 | 2010-2011 | Regular Session | Introduced
Bill Title: Upgrades penalties for illegal use of a hand-held cell phone while driving.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-27 - Introduced, Referred to Assembly Law and Public Safety Committee [A4176 Detail]
Download: New_Jersey-2010-A4176-Introduced.html
Sponsored by:
Assemblyman JON M. BRAMNICK
District 21 (Essex, Morris, Somerset and Union)
SYNOPSIS
Upgrades penalties for illegal use of a hand-held cell phone while driving.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of a wireless telephone or electronic communication device while operating a motor vehicle and amending P.L.2003, c.310.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2003, c.310 (C.39:4-97.3) is amended to read as follows:
1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an "electronic communication device" shall not include an amateur radio.
Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen's band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.
b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or
(2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.
As used in this act:
"Citizen's band radio" means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen's band radio service use.
"Hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.
"Two-way radio" means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.
"Use" of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.
c. (Deleted by amendment, P.L.2007, c.198).
d. A person who violates this section shall be [fined] guilty of reckless driving under R.S.39:4-96; provided, however, the fine shall be $100.
e. [No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense] (Deleted by amendment, P.L. , c. ).
f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.
g. Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.
(cf: P.L.2010, c.40, s.1)
2. This act shall take effect on the first day of the fourth month after enactment.
STATEMENT
Under this bill, a person who illegally uses a hand-held cell phone to talk or text while operating a motor vehicle would be guilty of reckless driving. A person convicted of a first offense of reckless driving under the bill would be subject to a fine of $100, imprisonment for up to 60 days, or both. The violator would be required to make a court appearance. In addition, five motor vehicle penalty points would be assessed.
Current law prohibits the use of a hand-held wireless telephone or electronic communication device by the operator of a moving motor vehicle on a public road or highway in this State. A person who violates this provision is fined $100. No motor vehicle points or automobile insurance eligibility points are assessed for this offense.
It is the sponsor's intent to make the penalties for talking or texting on a hand-held cell phone while driving commensurate with the serious nature of this offense. In light of the increasing reports of persons tragically killed or injured by drivers distracted by their hand-held cell phones, the sponsor hopes to increase public safety by focusing attention on this matter and deterring such dangerous, life-threatening behavior.
