Bill Text: NJ S182 | 2010-2011 | Regular Session | Introduced
Bill Title: Doubles fines for certain motor vehicle offenses committed by operators of vehicles transporting hazardous materials.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Transportation Committee [S182 Detail]
Download: New_Jersey-2010-S182-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Doubles fines for certain motor vehicle offenses committed by operators of vehicles transporting hazardous materials.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the transportation of hazardous materials, supplementing chapter 4 of Title 39 of the Revised Statutes and amending P.L.2003, c.131.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New Section) a. For the purposes of this act:
"Hazardous material" means a substance or material determined by the Secretary of the United States Department of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and so designated pursuant to the provisions of the "Hazardous Materials Transportation Act," Pub.L.93-633 (49U.S.C. s.1801 et seq.).
"Highway" means any highway under the jurisdiction of the State Department of Transportation, a county, a municipality or a toll road authority.
"Toll road authority" means the New Jersey Turnpike Authority, the New Jersey Highway Authority, or the South Jersey Transportation Authority.
b. The fine for a motor vehicle offense embodied in the following sections of statutory law, when committed by the operator of a motor vehicle transporting a hazardous material on a highway in this State shall be double the amount specified by law:
Subsection b. of R.S.39:3-20;
R.S.39:4-52;
R.S.39:4-57;
R.S.39:4-71;
R.S.39:4-80;
R.S.39:4-81;
R.S.39:4-82;
R.S.39:4-83;
R.S.39:4-84;
R.S.39:4-85;
R.S.39:4-86;
R.S.39:4-88;
R.S.39:4-89;
R.S.39:4-90;
R.S.39:4-96;
R.S.39:4-97;
R.S.39:4-98;
R.S.39:4-99;
R.S.39:4-105;
R.S.39:4-115;
R.S.39:4-119;
R.S.39:4-122;
R.S.39:4-123;
R.S.39:4-124;
R.S.39:4-125;
R.S.39:4-127;
R.S.39:4-129;
R.S.39:4-144;
P.L.1955, c.217 (C.39:5C-1);
Section 48 of P.L.1951, c.23 (C.39:4-66.1);
Section 41 of P.L.1951, c.23 (C.39:4-82.1);
Section 51 of P.L.1951, c.23 (C.39:4-90.1);
Section 1 of P.L.2000, c.75 (C.39:4-97.2);
Section 6 of P.L.1997, c.415 (C.39:4-98.7);
Section 5 of P.L.1951, c.264 (C.27:23-29);
Section 18 of P.L.1952, c.16 (C.27:12B-18); and
Section 21 of P.L.1991, c.252 (C.27:25A-21).
When a violation of this act occurs in an area of highway construction or repair or within a safe corridor, as provided in P.L.1993, c.332 (C.39:4-203.5), the fine for a motor vehicle offense embodied in the preceding sections of statutory law shall be doubled only once. The fine for the operator of a motor vehicle transporting a hazardous material who violates the provisions of section 6 of P.L.1997, c.415 (C.39:4-98.7) in a safe corridor or an area of highway construction or repair shall be doubled only once. Notwithstanding any other provision of law, the increase from the doubled fines imposed and collected pursuant to this act shall be forwarded by the person to whom they are paid to the State Treasurer, who shall annually deposit those moneys in the "Highway Safety Fund" established pursuant to section 5 of P.L.2003, c.131 (C.39:3-20.4).
c. Signs designed in compliance with the specifications of the Department of Transportation or, if appropriate, the toll road authority having jurisdiction over the appropriate highway, shall be appropriately placed, by order of the Commissioner of Transportation, the appropriate local official, or the affected toll road authority, as the case may be, to notify the operators of motor vehicles transporting a hazardous material that the fines are doubled for motor vehicle offenses on the highways of this State.
d. It shall not be a defense to the imposition of the fines authorized under the provisions of this act that a sign notifying the operators of motor vehicles transporting a hazardous material that fines are doubled for motor vehicle offenses on the highways of this State was not posted, improperly posted, wrongfully removed or stolen.
e. The Chief Administrator of
the New Jersey Motor Vehicle Commission shall provide information concerning
the penalties
imposed pursuant to this act to all applicants for a commercial driver license,
or the renewal of a commercial driver license, issued pursuant to P.L.1990,
c.103 (C.39:3-10.9). Written notice of those penalties shall be provided by
the chief administrator to all applicants for an endorsement, and for the
renewal of an endorsement, to a commercial driver license permitting the
operation of vehicles required to be placarded for hazardous materials.
2. Section 5 of P.L.2003, c.131 (C.39:3-20.4) is amended to read as follows:
5. There is established in the General Fund a separate, nonlapsing, dedicated account to be known as the "Highway Safety Fund." All fines, penalties and forfeitures imposed and collected as a result of the enforcement of section 4 of P.L.2003, c.131 (C.39:3-20.3) and 50 percent of all fines and penalties imposed and collected in enforcement of section 5 of P.L.1983, c.401 (C.39:5B-29), [and] the increase from the doubling of fines imposed and collected pursuant to section 1 of P.L.1993, c.332 (C.39:4-203.5) in designated safe corridor areas ,and the increase from the doubling of fines imposed and collected pursuant to section 1 of P.L. , c. (C. )(pending before the Legislature as section 1 of this bill) shall be forwarded to the State Treasurer for deposit into the Highway Safety Fund account. The fund shall be administered by the Department of Transportation which shall establish a grant program to fund local law enforcement agencies for special enforcement efforts associated with this act. The department shall annually, in conjunction with the Division of State Police, submit a report on the results of the safe corridor areas and a list of highway safety projects and programs paid for by the fund within the past year to the Senate Transportation Committee and the Assembly Transportation Committee, the President and minority leader of the Senate, and the Speaker and the minority leader of the General Assembly. The moneys in the account shall be used exclusively for highway safety projects and programs, including education, enforcement, capital improvements and such other related measures and undertakings as the Department of Transportation and the Division of State Police may deem appropriate to foster highway safety.
(cf: P.L.2003, c.131, s.5)
3. This act shall take effect on the first day of the fifth month following enactment, but the Commissioner of Transportation and the Chief Administrator of the Motor Vehicle Commission may take such anticipatory administrative action in advance thereof as they deem necessary to implement the provisions of this act.
STATEMENT
This bill would double the fines imposed for certain motor vehicle offenses when those offenses are committed by the operators of vehicles transporting hazardous materials.
The violations subject to a doubling of their fine are primarily moving violations, and include speeding, reckless and careless driving, illegal passing, right of way violations and failing to obey a traffic officer or signal.
The public interest and well being requires that the operators of vehicles that transport hazardous materials be held to the highest standards. Such high standards already exist in the areas of licensing and training. The operators of vehicles transporting hazardous materials are required by federal and State law to hold national commercial driver licenses and, in addition, every two years successfully complete a knowledge and skills test which qualifies them to operate a vehicle in which hazardous materials are transported. This bill, by doubling the fines imposed for certain motor vehicle violations, would impose higher operating standards on these drivers.
Finally, the bill specifies that the additional moneys collected pursuant to this act are to be deposited in the "Highway Safety Fund," established pursuant to section 5 of P.L.2003, c.131 (C.39:20.4). The moneys in this fund are required by statute to be used to provide grants to local law enforcement agencies for highway safety projects and programs, including education, enforcement, capital improvements and other related measures as the Department of Transportation and the State Police deem appropriate to foster highway safety.
