leave it to PRNJ...
ASSEMBLY, No. 4306
STATE OF NEW JERSEY
211th LEGISLATURE
INTRODUCED JUNE 27, 2005
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex)
Assemblywoman LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Prohibits smoking while driving.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting smoking while driving and supplementing chapter 4 of
Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New
Jersey:
1. a. Smoking by an operator of a moving motor vehicle on a public road
or highway shall be unlawful. For the purposes of this act, "smoking" means
the burning of a lighted cigar, cigarette, pipe or any other matter or
substance which contains tobacco.
b. 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.
c. A person who violates this section shall be fined no less than $100
nor more than $250.
d. 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.
e. 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.
2. This act supersedes and preempts all ordinances of any county or
municipality with regard to smoking by an operator of a motor vehicle.
3. This act shall take effect on the first day of the seventh month
after enactment, but the Chief Administrator of the New Jersey Motor Vehicle
Commission may take such anticipatory actions in advance of that date as may
be necessary for the timely implementation of this act.
STATEMENT
This bill would prohibit smoking while operating a motor vehicle. The
bill defines smoking as the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco.
Under the bill, enforcement by State or local law enforcement officers
would be accomplished only as a secondary action when the driver has been
detained for a traffic violation or another offense. The penalties for
violating any provisions of this bill range from $100 to $250.
The bill specifies that no motor vehicle points or automobile insurance
eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14)
would be assessed for a violation. The bill would also require the Chief
Administrator of the New Jersey Motor Vehicle Commission to develop and
undertake a program to notify and inform the public of its provisions.