An Act
concerning the use of
wireless telephones
2and
electronic communication devices2
in motor vehicles 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
2or
electronic communication device2
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
2or
the electronic communication device is used hands-free2,
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.
2For
the purposes of this section, an “electronic
communication device” shall not include an amateur
radio.2
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, "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.
"Use" of a wireless telephone
2or
electronic communication device2
shall include, but not be limited to, talking or
listening to another person on the telephone
2,
text messaging, or sending an electronic message via the
wireless telephone or electronic communication device2.
c. [Enforcement of
this act by State or local law enforcement officers
shall be accomplished only as a secondary action when
the operator of a motor vehicle has been detained for a
violation of Title 39 of the Revised Statutes or another
offense] Deleted by
amendment, P.L. , c. (2[now]2
pending before the Legislature as this bill).
d. A person who violates this section shall be
fined
2[no
less than]2
$100
2[or
more than $250]2.
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.
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.2003, c.310, s.1)
22.
Section 3 of P.L.2003,
c.310 (C.39:4-97.5) is amended to read as follows:
3. This act supersedes and preempts all ordinances
of any county or municipality with regard to the use of
a wireless telephone or electronic communication
device by an operator of a motor vehicle.2
(cf:
P.L.2003,
c.310, s.3)
2[2]
32.
This act shall take effect
1[immediately]
on the first day of the fourth month
2[after]
following2
enactment1.
