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SENATE, No. 73: Legislation to Lower Fines for Failing to Produce License or Registration from $150 to $25

[First Reprint] SENATE, No. 73 STATE OF NEW JERSEY 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION 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 reported by the Senate Transportation Committee on January 30, 2012, with amendments.   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. 1 a. 1 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 is in charge of a motor vehicle on the highways of this State. The driver or operator shall exhibit his 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 1 [his ] that 1 office 1 [, and ] .  The driver or operator 1 shall write his 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. 1 [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.    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 $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 subsection 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. 1  Of the amount of any such fine collected pursuant to this 1 [paragraph ] subsection 1, $25 shall be deposited in the Uninsured Motorist Prevention Fund established by section 2 of P.L.1983, c.141 (C.39:6B-3). 1 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. 1    If a person charged with a violation of this section can exhibit his driver's license, insurance identification card and registration certificate, which were valid on the 1 [day he was ] date 1 charged, to the judge of the municipal court before whom 1 [he ] the person 1 is summoned to answer to the charge, such judge may dismiss the charge.  However, the judge may impose court costs. 1 [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. ]1 (cf: P.L.2007, c.40, s.2)   2.    This act shall take effect immediately.  

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