[NJARC] NJ Cell Phone Law

[TrainBee at aol.com]

Below is the NJ Public Law that will be enforced  starting March 1, 2008.  
Please note, it exempts Amateur Radio.   

Joe Devonshire


(UPDATED THROUGH P.L. 2007, ch. 337 and  J.R. 16)
TITLE  39        MOTOR VEHICLES AND TRAFFIC  REGULATION
39:4-97.3  Use of  wireless telephone, electronic communication device in 
moving vehicle;  definitions; enforcement.   

39: 4-97.3   Use of  wireless telephone, electronic communication device in 
moving vehicle;  definitions; enforcement.

1. 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. 

L.2003, c.310, s.1; amended 2007, c.198,  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 or electronic 
communication device by an operator of a  motor vehicle.

L.2003, c.310, s.3; amended 2007, c.198,  s.2.






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