Bill Text: NJ S2203 | 2020-2021 | Regular Session | Introduced
Bill Title: Revises certain motor vehicle fines imposed on motor vehicle drivers or operators for failing to have required documentation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-16 - Introduced in the Senate, Referred to Senate Transportation Committee [S2203 Detail]
Download: New_Jersey-2020-S2203-Introduced.html
Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Revises certain motor vehicle fines imposed on motor vehicle drivers or operators for failing to have required documentation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain motor vehicle fines and amending R.S.39:3-29.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:3-29 is amended to read as follows:
39:3-29. a. The driver's license, the registration certificate of a motor vehicle and an insurance identification card shall be in the possession of the driver or operator at all times when [he] the driver or operator is in charge of a motor vehicle on the highways of this State.
The driver or operator shall exhibit [his] the driver's or operator's driver's license and an insurance identification card, and the holder of a registration certificate or the operator or driver of a motor vehicle for which a registration certificate has been issued, whether or not the holder, driver or operator is a resident of this State, shall also exhibit the registration certificate, when requested so to do by a police officer or judge, while in the performance of the duties of [his] that office[, and]. The driver or operator shall write [his] the driver's or operator's name in the presence of the officer, so that the officer may thereby determine the identity of the licensee and at the same time determine the correctness of the registration certificate, as it relates to the registration number and number plates of the motor vehicle for which it was issued; and the correctness of the evidence of a policy of insurance, as it relates to the coverage of the motor vehicle for which it was issued.
The insurance identification card may be displayed or provided in either paper or electronic form. For the purposes of this section, "electronic form" means the display of images on an electronic device, such as a cellular telephone, tablet, or computer.
The use of a cellular telephone, tablet, computer, or any other electronic device to display proof of insurance does not constitute consent for a police officer or judge to access any other contents on the device. Any police officer or judge presented with an electronic device pursuant to this section shall be immune from any liability resulting from damage to the device.
[Any person violating this section shall be subject to a fine of $150, except that if the person is a driver or operator of an omnibus, as defined pursuant to R.S.39:1-1, the amount of the fine shall be $250.]
b. The driver or operator who fails to exhibit a driver's license or registration certificate as required pursuant to subsection a. of this section shall be subject to a fine of $25, provided that the officer is able to determine by electronic means that such documents have been issued to the person and are valid on the date of the charge.
c. Except as provided in subjection e. of this section, a driver or operator who fails to exhibit a driver's license or registration certificate as required pursuant to subsection a. of this section shall be subject to a fine of $150 if the officer is not able to determine by electronic means that such documents have been issued to the person and are valid on the date of the charge. Of the amount of any such fine collected pursuant to this [paragraph] subsection, $25 shall be deposited in the Uninsured Motorist Prevention Fund established by section 2 of P.L.1983, c.141 (C.39:6B-3).
d. Except as provided in subsection e. of this section, a driver or operator who fails to exhibit an insurance identification card as required pursuant to subsection a. of this section shall be subject to a fine of $150. Of the amount of any such fine collected pursuant to this subsection, $25 shall be deposited in the Uninsured Motorist Prevention Fund established by section 2 of P.L.1983, c.141 (C.39:6B-3).
e. A driver or operator of an omnibus as defined pursuant to R.S.39:1-1 who fails to exhibit a driver's license, registration certificate, or insurance identification card pursuant to subsection a. of this section shall be subject to a fine of $250 if the officer is not able to determine by electronic means that such documents have been issued to the person and are valid on the date of the charge. Of the amount of any such fine collected pursuant to this subsection, $25 shall be deposited in the Uninsured Motorist Prevention Fund established by section 2 of P.L.1983, c.141 (C.39:6B-3). In addition to, and independent of, any fine or other penalty provided for under law, a driver or operator of an omnibus convicted of a violation of subsection a. of this section who does not have a certificate of public convenience and necessity as required pursuant to R.S.48:4-3 shall be subject to a fine of $150 which shall be deposited in the "Omnibus Safety Enforcement Fund" established pursuant to section 4 of P.L.2007, c.40 (C.39:3-79.23). The fine described herein shall not be deemed a fine, penalty, or forfeiture pursuant to R.S.39:5-41.
f. If a person charged with a violation of this section can exhibit [his] the person's driver's license, insurance identification card and registration certificate, which were valid on the [day he was] date charged, to the judge of the municipal court before whom [he] the person is summoned to answer to the charge, such judge may dismiss the charge. However, the judge may impose court costs.
[In addition to and independent of any fine or other penalty provided for under law, the court shall impose a fine of $150 on any driver or operator of an omnibus, convicted of a violation of this section, who does not have a certificate of public convenience and necessity as required pursuant to R.S.48:4-3. The State Treasurer shall annually deposit the monies collected from the fines imposed pursuant to this paragraph to the "Omnibus Safety Enforcement Fund" established pursuant to section 4 of P.L.2007, c.40 (C.39:3-79.23). The fine described herein shall not be deemed a fine, penalty, or forfeiture pursuant to R.S.39:5-41.]
(cf: P.L.2015, c.54, s.1)
2. This act shall take effect on the 60th day after the date of enactment.
STATEMENT
This bill revises the fines for drivers or operators who fail to have their driver's license or vehicle registration certificate while driving or operating a motor vehicle in this State. Under current law, the fine is $150 for drivers or operators of motor vehicles and $250 for the drivers or operators of omnibuses.
The bill imposes a $25 fine on a driver or operator of a motor vehicle who fails to exhibit a driver's license or registration certificate if the officer issuing the ticket is able to determine by electronic means that such documents have been issued and are valid on that date. If the officer is not able to determine that the driver's license or registration certificate is valid, the penalty remains $150. Under the bill, the fine for failing to exhibit a valid insurance identification card in either paper or electronic form remains $150.
