ATC350X 85
04-14-2006, 06:54 PM
http://www.njleg.state.nj.us/committees/Senate.asp
Email these idiots ASAP we need to squash this one.
SENATE, No. 1278
STATE OF NEW JERSEY
212th LEGISLATURE
INTRODUCED FEBRUARY 6, 2006
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Mercer)
SYNOPSIS
Enhances penalties for illegally operating a snowmobile or all-terrain vehicle.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning snowmobiles and all-terrain vehicles and supplementing and amending P.L.1973, c.307 (C.39:3C-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A snowmobile or all-terrain vehicle operated on any public street, highway or right-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) shall be impounded by the law enforcing agency and subject to a fee and costs as hereinafter provided:
(1) For a first offense, the snowmobile or all-terrain vehicle shall be impounded for not less than 48 hours and shall be released to the registered owner upon proof of registration and insurance and payment of a fee of $500 payable to the municipality, plus reasonable towing and storage costs.
(2) For a second or subsequent offense, the snowmobile or all-terrain vehicle shall be impounded for not less than 96 hours and shall be released to the registered owner upon proof of registration and insurance and payment of a fee of $750 payable to the municipality, plus reasonable towing and storage costs.
b. If the registered owner fails to claim the impounded snowmobile or all-terrain vehicle and pay all outstanding fees and costs by midnight of the 30th day following the day on which the snowmobile or all-terrain vehicle was impounded, that snowmobile or all-terrain vehicle may be sold at auction. Notice of the sale shall be given by the impounding entity by certified mail to the owner of the snowmobile or all-terrain vehicle, if the owner's name and address are known, and to the holder of any security interest filed with the Director of the Division of Motor Vehicles, and by publication in a form prescribed by the director by one insertion, at least five days before the date of the sale, in one or more newspapers published in this State and circulating in the municipality in which the snowmobile or all-terrain vehicle is impounded.
c. At any time prior to the sale, the owner or other person entitled to the snowmobile or all-terrain vehicle may reclaim possession upon showing proof of registration and insurance and paying all outstanding fees and costs associated with the impoundment, and reasonable towing and storage costs.
The owner-lessor of an impounded snowmobile or all-terrain vehicle shall be entitled to reclaim possession without payment and the lessee shall be liable for all outstanding fees and costs associated with the impoundment, towing and storage of the
snowmobile or all-terrain vehicle.
d. Any proceeds obtained from the sale of a snowmobile or all-terrain vehicle at public auction pursuant to subsection b. of this section in excess of the amount owned to the impounding entity for the reasonable costs of towing and storage and any fees or other costs associated with the impoundment of the snowmobile or all -terrain vehicle shall be returned to the owner of that snowmobile or all-terrain vehicle, if his name and address are known. If the owner's name and address are unknown or such person or entity cannot be located, the net proceeds shall be administered in accordance with the "Uniform Unclaimed Property Act," R.S.46:30B-1 et seq.
2. (New section) A person who operates a snowmobile or all-terrain vehicle on any public street, highway or right-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) shall:
a. For a first offense, be subject to a fine of $250 and the suspension or postponement of their driving privileges for 30 days. Upon conviction, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court under this section. If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of 30 days after the person reaches the age of 17 years.
b. For a second offense, be subject to a fine of $500 and the suspension or postponement of their driving privileges for six months. Upon conviction, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court under this section. If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
c. For a third or subsequent offense, be subject to a fine of $1,000 and the suspension or postponement of their driving privileges for two years. Upon conviction, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court under this section. If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of two years after the person reaches the age of 17 years.
3. Section 28 of P.L.1973, c.307 (C.39:3C-28) is amended to read as follows:
28. Any person who shall violate any provisions of this act, if no other penalty is specifically provided, or any rule or regulation promulgated pursuant to this act shall be punished by a fine of not less than $100 or more than [$200] $500. For a second or subsequent violation of section 26 of P.L.1973, c.307 (C.39:3C-26), a fine of not less than $200 or more than $500 shall be imposed.
(cf: P.L.1991, c.322, s.8)
4. Section 30 of P.L.1973, c.307 (C.39:3C-30) is amended to read as follows:
30. Owners and operators of snowmobiles and all-terrain vehicles shall, when operating such across a public highway or on public land or waters, comply with the following provisions of chapter 4 of Title 39 of the Revised Statutes: R.S.39:4-48 through R.S.39:4-51; R.S.39:4-64; R.S.39:4-72; R.S.39:4-80; R.S.39:4-81; R.S.39:4-92; R.S.39:4-96 through R.S.39:4-98; R.S.39:4-99; R.S.39:4-100; R.S.39:4-104; R.S.39:4-129 through R.S.39:4-134; and R.S.39:4-203. [The failure to comply with any of these provisions shall be a violation of this act and the penalty for such a violation shall be provided in section 28 of P.L.1973, c.307 (C.39:3C-28) rather than the penalty provided in the sections cited above.]
(cf: P.L.1985, c.375, s.28).
5. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This amended bill establishes two new penalties and enhances existing ones for illegally operating snowmobiles and all-terrain vehicles.
The two new penalties concern the operation of these vehicles on public streets, highways and rights-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17). The first new penalty authorizes the enforcing agencies to impound these vehicles. For a first offense, the vehicle is to be impounded for at least 48 hours. The owner may reclaim it by showing proof of registration and insurance and paying a fee of $500, plus reasonable towing and storage costs. For a second or subsequent offense, the vehicle is to be impounded for not less than 96 hours. The owner may reclaim it by showing proof of registration and insurance and paying a fee of $750, plus reasonable towing and storage costs. If the owner fails to reclaim the vehicle within 30 days it may be sold at auction. The net proceeds of the auction are to be returned to the owner or administered in accordance with the "Uniform Unclaimed Property Act." The bill includes protections for lessors.
The other new penalty applies to the individuals who operate these vehicles on public streets, highways or rights-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17). For a first offense, the operator is subject to a $250 fine and a 30 day license suspension or if under the age of 17, a postponement. For a second offense, the operator is subject to a $500 fine and a six month license suspension or postponement. For a third or subsequent offense, the operator is subject to a $1,000 fine and a two year license suspension or postponement.
The bill also enhances the law's existing penalties. Snowmobile and all-terrain vehicle operators are required to comply with certain of the provisions of the motor vehicle laws, specifically sections of chapter 4 of Title 39 of the Revised Statutes when operating across a public highway or on public land or waters. For example, these operators are subject to the drunk driving statutes, and the reckless and careless driving laws. The penalties imposed for violations of those statutes, however, are significantly downgraded for snowmobile and all-terrain vehicle operators. For instance, a first time offender convicted of operating a motor vehicle while under the influence is subject to a fine of $250 to $400; detainment for 12 to 48 hours; imprisonment for up to 30 days, if so ordered by the court and a license suspension for six month to one year. A person found guilty of operating a snowmobile or all-terrain vehicle while under the influence is subject to a fine of $100 to $200. This bill eliminates those downgraded penalties, making snowmobile and all-terrain vehicle violators subject to the same penalties as motor vehicle operators. currently available under the law.
Finally, the bill amends the general penalty section of the law. This section establishes the scope of the fines which may be imposed for violations that do not set forth their own specific penalties. At present, the maximum fine for these types of violation is $200. The bill increases that amount to $500.
_________________
Email these idiots ASAP we need to squash this one.
SENATE, No. 1278
STATE OF NEW JERSEY
212th LEGISLATURE
INTRODUCED FEBRUARY 6, 2006
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Mercer)
SYNOPSIS
Enhances penalties for illegally operating a snowmobile or all-terrain vehicle.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning snowmobiles and all-terrain vehicles and supplementing and amending P.L.1973, c.307 (C.39:3C-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A snowmobile or all-terrain vehicle operated on any public street, highway or right-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) shall be impounded by the law enforcing agency and subject to a fee and costs as hereinafter provided:
(1) For a first offense, the snowmobile or all-terrain vehicle shall be impounded for not less than 48 hours and shall be released to the registered owner upon proof of registration and insurance and payment of a fee of $500 payable to the municipality, plus reasonable towing and storage costs.
(2) For a second or subsequent offense, the snowmobile or all-terrain vehicle shall be impounded for not less than 96 hours and shall be released to the registered owner upon proof of registration and insurance and payment of a fee of $750 payable to the municipality, plus reasonable towing and storage costs.
b. If the registered owner fails to claim the impounded snowmobile or all-terrain vehicle and pay all outstanding fees and costs by midnight of the 30th day following the day on which the snowmobile or all-terrain vehicle was impounded, that snowmobile or all-terrain vehicle may be sold at auction. Notice of the sale shall be given by the impounding entity by certified mail to the owner of the snowmobile or all-terrain vehicle, if the owner's name and address are known, and to the holder of any security interest filed with the Director of the Division of Motor Vehicles, and by publication in a form prescribed by the director by one insertion, at least five days before the date of the sale, in one or more newspapers published in this State and circulating in the municipality in which the snowmobile or all-terrain vehicle is impounded.
c. At any time prior to the sale, the owner or other person entitled to the snowmobile or all-terrain vehicle may reclaim possession upon showing proof of registration and insurance and paying all outstanding fees and costs associated with the impoundment, and reasonable towing and storage costs.
The owner-lessor of an impounded snowmobile or all-terrain vehicle shall be entitled to reclaim possession without payment and the lessee shall be liable for all outstanding fees and costs associated with the impoundment, towing and storage of the
snowmobile or all-terrain vehicle.
d. Any proceeds obtained from the sale of a snowmobile or all-terrain vehicle at public auction pursuant to subsection b. of this section in excess of the amount owned to the impounding entity for the reasonable costs of towing and storage and any fees or other costs associated with the impoundment of the snowmobile or all -terrain vehicle shall be returned to the owner of that snowmobile or all-terrain vehicle, if his name and address are known. If the owner's name and address are unknown or such person or entity cannot be located, the net proceeds shall be administered in accordance with the "Uniform Unclaimed Property Act," R.S.46:30B-1 et seq.
2. (New section) A person who operates a snowmobile or all-terrain vehicle on any public street, highway or right-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) shall:
a. For a first offense, be subject to a fine of $250 and the suspension or postponement of their driving privileges for 30 days. Upon conviction, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court under this section. If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of 30 days after the person reaches the age of 17 years.
b. For a second offense, be subject to a fine of $500 and the suspension or postponement of their driving privileges for six months. Upon conviction, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court under this section. If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
c. For a third or subsequent offense, be subject to a fine of $1,000 and the suspension or postponement of their driving privileges for two years. Upon conviction, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court under this section. If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of two years after the person reaches the age of 17 years.
3. Section 28 of P.L.1973, c.307 (C.39:3C-28) is amended to read as follows:
28. Any person who shall violate any provisions of this act, if no other penalty is specifically provided, or any rule or regulation promulgated pursuant to this act shall be punished by a fine of not less than $100 or more than [$200] $500. For a second or subsequent violation of section 26 of P.L.1973, c.307 (C.39:3C-26), a fine of not less than $200 or more than $500 shall be imposed.
(cf: P.L.1991, c.322, s.8)
4. Section 30 of P.L.1973, c.307 (C.39:3C-30) is amended to read as follows:
30. Owners and operators of snowmobiles and all-terrain vehicles shall, when operating such across a public highway or on public land or waters, comply with the following provisions of chapter 4 of Title 39 of the Revised Statutes: R.S.39:4-48 through R.S.39:4-51; R.S.39:4-64; R.S.39:4-72; R.S.39:4-80; R.S.39:4-81; R.S.39:4-92; R.S.39:4-96 through R.S.39:4-98; R.S.39:4-99; R.S.39:4-100; R.S.39:4-104; R.S.39:4-129 through R.S.39:4-134; and R.S.39:4-203. [The failure to comply with any of these provisions shall be a violation of this act and the penalty for such a violation shall be provided in section 28 of P.L.1973, c.307 (C.39:3C-28) rather than the penalty provided in the sections cited above.]
(cf: P.L.1985, c.375, s.28).
5. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This amended bill establishes two new penalties and enhances existing ones for illegally operating snowmobiles and all-terrain vehicles.
The two new penalties concern the operation of these vehicles on public streets, highways and rights-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17). The first new penalty authorizes the enforcing agencies to impound these vehicles. For a first offense, the vehicle is to be impounded for at least 48 hours. The owner may reclaim it by showing proof of registration and insurance and paying a fee of $500, plus reasonable towing and storage costs. For a second or subsequent offense, the vehicle is to be impounded for not less than 96 hours. The owner may reclaim it by showing proof of registration and insurance and paying a fee of $750, plus reasonable towing and storage costs. If the owner fails to reclaim the vehicle within 30 days it may be sold at auction. The net proceeds of the auction are to be returned to the owner or administered in accordance with the "Uniform Unclaimed Property Act." The bill includes protections for lessors.
The other new penalty applies to the individuals who operate these vehicles on public streets, highways or rights-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17). For a first offense, the operator is subject to a $250 fine and a 30 day license suspension or if under the age of 17, a postponement. For a second offense, the operator is subject to a $500 fine and a six month license suspension or postponement. For a third or subsequent offense, the operator is subject to a $1,000 fine and a two year license suspension or postponement.
The bill also enhances the law's existing penalties. Snowmobile and all-terrain vehicle operators are required to comply with certain of the provisions of the motor vehicle laws, specifically sections of chapter 4 of Title 39 of the Revised Statutes when operating across a public highway or on public land or waters. For example, these operators are subject to the drunk driving statutes, and the reckless and careless driving laws. The penalties imposed for violations of those statutes, however, are significantly downgraded for snowmobile and all-terrain vehicle operators. For instance, a first time offender convicted of operating a motor vehicle while under the influence is subject to a fine of $250 to $400; detainment for 12 to 48 hours; imprisonment for up to 30 days, if so ordered by the court and a license suspension for six month to one year. A person found guilty of operating a snowmobile or all-terrain vehicle while under the influence is subject to a fine of $100 to $200. This bill eliminates those downgraded penalties, making snowmobile and all-terrain vehicle violators subject to the same penalties as motor vehicle operators. currently available under the law.
Finally, the bill amends the general penalty section of the law. This section establishes the scope of the fines which may be imposed for violations that do not set forth their own specific penalties. At present, the maximum fine for these types of violation is $200. The bill increases that amount to $500.
_________________