Use of Wireless Telephone in Moving Vehicle Law
This is a copy of the NJ Motor Vehicle Statute which mandates the use of hands free wireless telephones while operating a motor vehicle. This law went into effect on July 1, 2004. Please note the exceptions (when a hand held may be used), these are noted in red.
39:4-97.3 Use of hands-free wireless telephone in moving vehicle;
definitions; enforcement.
1. a. The use of a wireless telephone 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, 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.
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 shall include, but not be limited to, talking or
listening to another person on the telephone.
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.
d. A person who violates this section shall be fined no less than $100 or more
than $250.
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.
L.2003,c.310,s.1.
39:4-97.4 Inapplicability of act to certain officials.
2.The prohibitions set forth in this act shall not be
applicable to any of the following persons while in the actual performance of
their official duties: a law enforcement officer; a member of a paid, part-paid,
or volunteer fire department or company; or an operator of an authorized
emergency vehicle.
L.2003,c.310,s.2.
39:4-97.5 Supersedure, preemption of local ordinances.
3.This act supersedes and preempts all ordinances of any county or municipality
with regard to the use of a wireless telephone by an operator of a motor
vehicle.
L.2003,c.310,s.3.
Acting Governor Codey Signs Senate Bill NO. S-1510 into Law
Prohibiting motorized scooters upon any public street, highway or sidewalk
On July 19, 2005, Acting Governor Codey signed Senate Bill S-1510 into law. This law which took effect immediately, addresses motorized scooters.
The Bill amends N.J.S.A. 39:1-1 by adding the term motorized scooter and defining it as " a miniature motor vehicle including but not limited to, pocket bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini choppers, mini motorcycles, motorized skateboards and other vehicles with motors not manufactured with Federal Motor Vehicle Safety Standards and which have no permanent Federal Safety Certification stickers affixed by the original manufacturer Assisted mobility devices and motorized wheelchairs are specifically excluded.
The bill also creates a new statute prohibiting operation of a motorized scooter "upon any public street, highway or sidewalk" The fines and penalties for violating this statute are as follows:
First time violators- a fine of not less than $100 not more than $200 and seizure of the vehicle.
Second time violators- a fine of not less than $200 not more than $500, seizure of the vehicle, and community service for no longer than 25 hours.
Third time violators- a fine of not less than $500 not more than $750, the seizure and forfeiture of the vehicle, community service for no longer than 50 hours
The Green Brook Police Department will have a no tolerance enforcement of the above statute.
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