New Jersey-2012-S155-Introduced

An Act concerning driver's licenses and amending P.L.1950, c.127.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 4 of P.L.1950, c.127 (C.39:3-13.4) is amended to read as follows:

4. a. The holder of a special learner's permit shall be entitled to a provisional driver's license (1) upon attaining the age of 17 years, (2) upon the satisfactory completion of an approved behind-the-wheel automobile driving education course as indicated upon the face of the special permit over the signature of the principal of the school or the person operating the drivers' school in which the course was conducted, (3) upon the completion of six months' driving experience with a validated special learner's permit in compliance with the provisions of section 6 of P.L.1977, c.25 (C.39:3-13.2a) and (4) upon passing the road test pursuant to R.S.39:3-10.

b. The holder of a provisional license shall be permitted to operate the passenger automobile with only one additional passenger in the vehicle besides persons with whom the holder resides, except that this passenger restriction shall not apply when either the holder of the provisional license or one other passenger is at least 21 years of age. Further, the holder of the provisional license who is under 21 years of age shall not drive during the hours between 12:01 a.m. and 5 a.m.; provided however, that this condition may be waived for an emergency which, in the judgment of local police, is of sufficient severity and magnitude to substantially endanger the health, safety, welfare or property of a person or for any bona fide employment or religion-related activity if the employer or appropriate religious authority provides written verification of such activity in a manner provided for by the [director] chief administrator. Upon issuance of a summons or complaint charging the holder of a provisional license for the violation of driving between the hours of 12:01 a.m. and 5 a.m., the officer issuing that summons or complaint shall contact, at the direction of the violator, a licensed motor vehicle driver of this State who is over 21 years of age and has been licensed to operate a motor vehicle for three or more years to remove the motor vehicle from the place where the summons was issued. If the law enforcement officer is unable to contact a licensed motor vehicle driver on behalf of the provisional license holder, the law enforcement officer shall impound the vehicle that the provisional license holder was operating at the time the summons or complaint is issued. A law enforcement agency impounding a vehicle pursuant to this section is authorized to charge a reasonable fee for towing and storage of the vehicle. The law enforcement agency is further authorized to retain custody of the vehicle until that fee is paid.

c. The holder of the provisional license shall not use any interactive wireless communication device, except in an emergency, while operating a moving passenger automobile on a public road or highway. "Use" shall include, but not be limited to, talking or listening on any interactive wireless communication device or operating its keys, buttons or other controls. In addition, the holder of the provisional license shall ensure that all occupants of the vehicle are secured in a properly adjusted and fastened seat belt or child restraint system.

d. In addition to any other penalties provided under law, the holder of a provisional license who accumulates [more than] two or more motor vehicle points or is convicted of a violation of R.S.39:4-50; section 2 of P.L.1981, c.512 (C.39:4-50.4a); P.L.1992, c.189 (C.39:4-50.14); R.S.39:4-129; N.J.S.2C:11-5; subsection c. of N.J.S.2C:12-1 or any other motor vehicle law the [director] chief administrator deems to be significant and applicable pursuant to regulation shall, for the first violation, be required to satisfactorily complete a remedial training course of not less than four hours which may be given by the [division] commission, a drivers' school licensed by the [director] chief administrator pursuant to section 2 of P.L.1951, c.216 (C.39:12-2) or any Statewide safety organization approved by the [director] chief administrator. The course shall be administered pursuant to rules and regulations promulgated by the [director] chief administrator and subject to oversight by the [division] commission. The authority of the [director] chief administrator to suspend, revoke or deny issuance of an initial or renewal license to operate a drivers' 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 remedial training course. The permit holder shall also remit a course fee prior to the commencement of the course.

e. When notified by a court of competent jurisdiction that a provisional license holder has been convicted of a second or subsequent violation, in addition to any other penalties provided under law, the [director] chief administrator shall, without the exercise of discretion or a hearing, suspend the provisional license for three months, [and] shall postpone eligibility for a basic license for an equivalent period, and shall require the provisional driver's license holder to attend a second remedial training course of not less than eight hours in duration. In addition, when the [director] chief administrator is notified by a court of competent jurisdiction that a provisional license holder has been convicted of any alcohol or drug-related offense unrelated to the operation of a motor vehicle, and he is not otherwise subject to any other suspension penalty therefor, the [director] chief administrator shall, without the exercise of discretion or a hearing, suspend the provisional license for six months.

f. The holder of a provisional license who is charged with a motor vehicle offense for which motor vehicle penalty points are assessed shall not be permitted to enter into a plea agreement for that offense to avoid the assessment of points under section 1 of P.L.1982, c.43 (C.39:5-30.5).

g. A provisional license may be sent by mail and shall be clearly identifiable and distinguishable in appearance from a basic license by any name, mark, color or device deemed appropriate by the [director] chief administrator.

(cf: P.L.2001, c.420, s.8)

2. This act shall take effect immediately.

STATEMENT

This bill enhances the penalties for motor vehicle violations committed by the holder of a provisional driver's license. Provisional driver's licenses are initial licenses issued to persons less than 18 years of age. Provisional license holders are restricted in the number of child passengers they may have in the car, and may not drive between the hours of 12:01 a.m. and 5 a.m.

Under the provisions of the bill, when a provisional driver's license holder is issued a citation for driving between the hours of 12:01 a.m. and 5 a.m., the issuing police officer must contact an adult to transport or accompany the provisional license holder from the place where the citation is issued. The adult must be over 21 years of age and have been licensed to drive for at least three years. The bill specifies that if the law enforcement officer is unable to contact a qualified adult driver, the motor vehicle must be impounded.

The bill requires a provisional driver's license holder to complete a four hour remedial training course if they accrue two or more motor vehicle penalty points. Under the current statute, a provisional license holder must take such a course if they accrue more than two motor vehicle penalty points. The bill also requires the holder of a provisional driver's license to take a second eight hour remedial training course for any second or subsequent motor vehicle violation.

Finally, the bill states that the holder of a provisional license who is charged with a motor vehicle offense for which motor vehicle penalty points are assessed may not enter into a plea agreement to avoid those points.