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NEW LAWS & ORDINANCES
Cell Phone Law Revised November 2, 2007
On November 2, 2007, Governor Jon S. Corzine signed into law the revision to the statute regulating the use of a cell phone while operating a moving vehicle. The revision makes the violation a "primary offense" for which an officer may stop and summons a motorist for speaking on a cell phone (other than hands-free) or text messaging while operating a moving vehicle (read the statute below for the limited exceptions). The law exempts law enforcement officers, fire officials, and any operator of an authorized emergency vehicle while in the performance of his or her duties. The law becomes effective on March 1, 2008.
39:4-97.3 Use of wireless telephone, electronic communication device in moving vehicle; definitions; enforcement.
a. The use of a wireless telephone or electronic communication device 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 or the electronic communication device is used hands-free, 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. For the purposes of this section, an "electronic communication device" shall not include an amateur radio.
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 or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.
c. (Deleted by amendment, P.L.2007, c.198).
d. A person who violates this section shall be fined $100.
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.
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Reminder: N.J. Bicycle Helmet Law
Changed March 1, 2006
The Lacey Township Police Department would like to remind all parents that effective March 1, 2006, New Jersey’s Bicycle Helmet Law has changed. All young people under the age of 17 are now required to wear an approved helmet when cycling, roller skating, in-line skating, or skateboarding. The law previously affected riders under the age of 14.
Each year, bicyclists are killed or injured in New Jersey due to bicycle crashes. Many bicycle deaths result from bicycle-motor vehicle collisions. However, injuries can happen anywhere, including parks, bike paths and driveways, and often do not involve motor vehicles.
Head injury is the most serious injury type and the most common cause of death among bicyclists. The most severe injuries are those to the brain that cause permanent damage. Bicycle helmets can prevent or diminish the severity of these injuries.
Under the new law, those caught not wearing a helmet may receive a warning. A minor’s legal guardian can be fined up to $25.00 for a first offense and up to $100.00 for subsequent offenses, if a lack of parental supervision contributes to the offense.
323-17. Parking of certain trucks, vehicles, and trailers prohibited on Municipal Roadways.
Ordinance No. 2004-44; adopted 9-23-2004
A. No person shall park a truck, tractor, trailer, recreational vehicle, camper, boat or omnibus with a gross vehicle weight over 15,000 pounds on any street, or any part of a street, in the Township of Lacey. In addition, no person shall park a trailer on any street, or part of any street, in the Township of Lacey under any circumstances if it is unattached or not connected to a towing vehicle by at least one chain or cable, in addition to the hitch bar, of sufficient strength to hold the motor-drawn vehicle on a hill if the hitching bar becomes disconnected, or provided with an adequate device to prevent its rolling backward, as required under N.J.S.A. 39:4-54 for highway operation, and provided further that a trailer so connected shall not remain parked for more than a period of 48 hours.
B. Nothing contained in this section shall be construed to prevent any vehicle from making deliveries of merchandise or other property to the premises on the street along which said vehicle is so parked, nor to prevent the parking of any such vehicle by any public utility company in connection with the construction, installation, operation and maintenance of public utilities, nor to prevent the parking of vehicles attending to an emergency.
New Jersey Motorized Scooter Law
39:4-14.12 Motorized scooter, prohibited from operation on public street, highway, sidewalk.
a. No person shall operate a motorized scooter upon any public street, highway or sidewalk.
b. Except as otherwise provided in section 4 of P.L.2005, c.159 (C.39:4-14.14), no person shall operate a motorized scooter upon any public property or lands.
c. No person shall operate a motorized scooter on the property of another without the consent of the owner of that property or the person who has a contractual right to the use of that property.
L.2005,c.159,s.2.
39:4-14.13 Violations, fines, seizure, community service.
A person violating the provisions of section 2 of this act shall be subject:
a. For the first offense, to a fine of not less than $100 nor more than $200, and seizure of the motorized scooter. The seized scooter may only be retrieved from the police by the operator of the scooter or if the operator is under 18 years of age by the operator accompanied by the operator's parent or guardian.
b. For the second offense, to a fine of not less than $200 nor more than $500, and seizure of the motorized scooter. The seized scooter may only be retrieved from the police by the operator of the scooter or if the operator is under 18 years of age by the operator accompanied by the operator's parent or guardian, provided that the court adjudicating the matter approves the return of the scooter. In addition to the fine and seizure provided for in this subsection, the court shall order the violator to perform community service for a period of not greater than 25 hours.
c. For the third or subsequent offense, to a fine of not less than $500 nor more than $750, and seizure and forfeiture of the motorized scooter. In addition to the fine, and seizure and forfeiture provided in this subsection, the court shall order the violator to perform community service for a period of not greater than 50 hours.
L.2005,c.159,s.3.
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