Bill Text: NJ A5163 | 2022-2023 | Regular Session | Introduced
Bill Title: Repeals law providing that violation of rear seat belt law be treated as secondary offense; establishes certain reporting requirements; requires AG to issue report.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-02-06 - Introduced, Referred to Assembly Law and Public Safety Committee [A5163 Detail]
Download: New_Jersey-2022-A5163-Introduced.html
Sponsored by:
Assemblyman ROBERT AUTH
District 39 (Bergen and Passaic)
SYNOPSIS
Repeals law providing that violation of rear seat belt law be treated as secondary offense; establishes certain reporting requirements; requires AG to issue report.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning safety belt usage and repealing section 3 of P.L.2009, c.318.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that:
a. In 2020, traffic fatalities in New Jersey rose five percent and 585 people lost their lives on State roads according to the New Jersey State Police;
b. In 2019, lack of seat belt use was a factor in 43 percent of passenger vehicle fatalities when restraint use was known according to the National Highway Traffic Safety Administration (NHTSA);
c. Motor vehicle crashes cost New Jersey nearly $13 billion annually according to the NHTSA and crash costs are 55 percent higher for unbelted crash victims who incur medical bills compared with belted victims;
d. Unbelted rear seat passengers can be thrown about the passenger compartment of a vehicle in a crash, posing a serious threat to the driver and other vehicle occupants as the odds of death for a belted driver seated directly in front of an unrestrained passenger in a serious head-on crash is 2.27 times higher than if the driver is seated in front of a restrained passenger;
e. It is the intent of the New Jersey Legislature to increase the survival rates of individuals involved in vehicular crashes on New Jersey's roads and highways, reduce the severity of vehicular crash injuries, and curb the escalating costs of health care, workers' compensation, and other insurance-related expenditures associated with motor vehicle crashes;
f. Under current law, failure to wear a seatbelt in the rear seat of a motor vehicle constitutes a secondary offense, which means a law enforcement officer cannot stop and issue a ticket solely for a violation of the rear seat belt law, but only when a driver of a passenger automobile has been stopped for some other suspected violation of Title 39 of the Revised Statutes or other law;
g. By making a failure to wear a seatbelt in the rear seat of a motor vehicle a primary offense, the Legislature intends to strengthen the State's seat belt laws; and
h. The Legislature intends to enhance safety for motorists, but does not intend to expand in any way the circumstances under which a law enforcement officer may lawfully inspect or search a motor vehicle or the vehicle's contents, driver, or passengers.
2. (New section) a. One year after the effective date of this act, all State and local law enforcement agencies shall submit a report to the Attorney General containing information from the preceding year on any traffic stop where a passenger received a citation for a violation of subsection c. of section 2 of P.L.1984, c.179 (C.39:3-76.2f). The information shall include the alleged traffic violation that led to the motor vehicle stop, any citation or warning issued as a result of the motor vehicle stop, whether a search was instituted as a result of the motor vehicle stop, and whether the motor vehicle stop led to an arrest of a driver or any passenger of the vehicle. The Attorney General shall compare the data contained in this report with any traffic stop data available from two years prior to the effective date of this act, in order to determine the effect of the implementation of this act on law enforcement practices. Within six months of receiving a report by State and local law enforcement agencies, the Attorney General shall issue a report to the Governor and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) which details the Attorney General's conclusions regarding the impact of this act on law enforcement practices.
b. Information pertaining to the implementation of this act shall be included in the State of New Jersey Highway Safety Plan sent to the National Highway Traffic Safety Administration and the Federal Highway Administration. The information shall include, but not be limited to, the effect of the implementation of this act on the number of injuries and fatalities resulting from motor vehicle accidents in this State.
3. Section 3 of P.L.2009, c.318 (C.39:3-76.2n) is repealed.
4. This act shall take effect immediately.
STATEMENT
This bill makes it a primary offense to violate the law requiring a rear seat motor vehicle passenger to wear a seat belt.
Under current law, failure to wear a seatbelt in the rear seat of a motor vehicle constitutes a secondary offense, which means a law enforcement officer cannot stop and issue a ticket to a person solely for a violation of the rear seat belt law, but only when the motor vehicle has been stopped for some other suspected violation of Title 39 of the Revised Statutes or other law. This bill repeals the current law requiring that enforcement of the rear seat safety belt law be accomplished by treating a violation as a secondary offense.
In addition, one year after the effective date of this bill, all State and local law enforcement agencies are required to submit a report to the Attorney General containing information from the preceding year on any traffic stop where a passenger received a citation for a violation of subsection c. of section 2 of P.L.1984, c.179 (C.39:3-76.2f). The information is to include the alleged traffic violation that led to the motor vehicle stop, any citation or warning issued as a result of the motor vehicle stop, whether a search was instituted as a result of the motor vehicle stop, and whether the motor vehicle stop led to an arrest of a driver or any passenger of the vehicle.
The Attorney General is to compare the data contained in this report with any traffic stop data available from two years prior to the effective date of this bill, in order to determine the effect of the implementation of this bill on law enforcement practices. Within six months of receiving a report by State and local law enforcement agencies, the Attorney General is to issue a report to the Governor and the Legislature which details the Attorney General's conclusions regarding the impact of this act on law enforcement practices.
Finally, the bill provides that information pertaining to the implementation of this bill is to be included in the State of New Jersey Highway Safety Plan sent to the National Highway Traffic Safety Administration and the Federal Highway Administration. The information is to include, but not be limited to, the effect of the implementation of this act on the number of injuries and fatalities resulting from motor vehicle accidents in this State.
